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LAWS
OF THE
STATE OF DELAWARE
ONE HUNDRED AND TWENTY- FOURTH
GENERAL ASSEMBLY
FIRST SESSION COMMENCED AND HELD AT DOVER
On Tuesday, January 3, A. D.
1967
SECOND SESSION COMMENCED AND HELD AT DOVER
On Tuesday, February 6, A. D.
1968
PART II
VOLUME LVI
CHARLES PRINTING CO., WILMINGTON, DELAWARE

LAWS
OF THE
STATE OF DELAWARE
ONE HUNDRED AND TWENTY-FOURTH
GENERAL ASSEMBLY
FIRST SESSION COMMENCED AND HELD AT DOVER
On Tuesday, January 3, A. D.
1967
SECOND SESSION COMMENCED AND HELD AT DOVER
On Tuesday, February 6, A. D.
1968
PART II
VOLUME LVI
CHARLES PRINTING CO., WILMINGTON, DELAWARE
CHAPTER 293
AN ACT ESTABLISHING AND CONCERNING A DEPART-MENT
OF HOUSING, CONFERRING UPON IT CERTAIN
DUTIES AND POWERS IN THE FIELD OF HOUSING,
ALSO ESTABLISHING A STATE BUREAU OF HOUS-ING
WITHIN THE DEPARTMENT OF HOUSING, CON-FERRING
UPON IT CERTAIN DUTIES IN THE FIELD
OF HOUSING, ALSO ESTABLISHING A STATE HOUS-ING
AUTHORITY WITHIN THE DEPARTMENT OF
HOUSING, CONFERRING UPON IT CERTAIN DUTIES
AND POWERS IN THE FIELD OF HOUSING, PROVID-ING
FOR STATE FINANCIAL ASSISTANCE IN THE
FIELD OF HOUSING, ESTABLISHING A HOUSING DE-VELOPMENT
FUND AND MAKING A SUPPLEMEN-TARY
APPROPRIATION THEREFOR.
Be it enacted by the General Assembly of the State of Dela-ware:
Section 1. Chapter 41 of Title 31, Delaware Code, is hereby
repealed in its entirety.
Section 2. The word "Board" wherever it appears in Chap-ter
43 and 45 of Title 31, Delaware Code, is hereby stricken and
the word "Bureau" is substituted therefor.
Section 3. Sections 4314, 4315 and 4316 of Chapter 43,
Title 31, Delaware Code, are hereby repealed in their entirety and
in lieu thereof a new Section 4314 is hereby added to read as
follows :
§ 4314. Supervision of projects by the department
Whenever any project of any agency including public or
private organizations or corporations is financed in whole or in
part by the State of Delaware pursuant to the provisions of
Chapter 40, Title 31, Delaware Code, the Secretary may :
(1) Order any agency undertaking or operating a project
to make, at its expense, such repairs and improvements as will
1025
1026 Chapter 293
preserve or promote the health and safety of the occupants of
buildings and structures owned or operated by such agency.
Order all such agencies to do such acts as may be neces-sary
to comply with the provisions of the law, the rules and
regulations adopted by the Secretary or by the terms of any
project approved by the Secretary, or to refrain from doing
any acts in violation thereof.
Examine all such agencies and keep informed as to
their general condition, their capitalization and the manner
in which their property is constructed, leased, operated or
managed.
By his duly authorized agents, enter in or upon and
inspect the property, equipment, buildings, plants, offices, ap-paratus
and devices of any such agency, examine all books, con-tracts,
records, documents and papers of any such agency and
by subpoena duces tecum issued by the Bureau, compel the pro-duction
thereof.
In his discretion prescribe uniform methods and forms
of keeping accounts, records and books to be observed by such
agencies and to prescribe or order accounts in which particular
outlays and receipts shall be entered, charged or credited.
Require every such agency to file with the Bureau an
annual report setting forth such information as he may require
verified by the oath of a duly authorized representative of the
agency. Such report shall be in the form, cover the period and be
filed at the time prescribed by the Secretary. The Secretary may
further require answers to questions upon which he or the
Bureau may desire information and may also require such agency
to file periodic reports in the form covering the period at the
time prescribed by the Secretary.
From time to time make, amend and repeal rules and
regulations for carrying into effect the provisions of this Chap-ter.
Section 4, Part III, Title 31, Delaware Code, entitled "Hous-ing
and Slum Clearance" is amended by adding thereto a new
Chapter to read :
Chapter 293 1027
CHAPTER 40. DEPARTMENT OF HOUSING
SUBCHAPTER 1. DEFINITIONS; PURPOSE
AND CONSTRUCTION
§ 4001. Definitions
As used in this Chapter, unless a different meaning appears
from the context
"Area" shall mean the State of Delaware.
"Assistant Secretary" means the Assistant Secretary of
Housing.
"Authority" means a public body corporate or politic, or-ganized
in accordance with the provisions of chapter 43 or 45
for a purpose, with the powers and subject to the restrictions
set forth in those Chapters including a community exercising the
powers and duties of a Slum Clearance and Redevelopment
Authority ; provided, however, that "Authority" shall not mean
the Delaware State Housing Authority.
"Bonds" mean any bonds (including refunding bonds),
notes, interim certificates, debentures, or other obligations issued
by the Delaware State Housing Authority pursuant to this chap-ter.
"Bureau" means the State Bureau of Housing.
"Community" means any municipality or county in this
State.
"Community facilities" includes lands, buildings and equip-ment
for recreation or social assembly, for educational, health
or welfare activities and other necessary utilities primarily for
use and benefit of the occupants of housing accommodations to
be constructed and operated under this chapter.
"Conservation" means the preservation of any area or sec-tion
of a community, and the supervision and care of such area
or section, to prevent the reoccurrence or spread of slum condi-tions
or conditions of blight.
"Department" means the Department of Housing.
"Governing Body" means the city council, town council,
commissioners, or other legislative body charged with governing
a
1028 Chapter 293
the municipality or county council or levy court commissioners
or other legislative body charged with governing the county.
"Government" includes the State and Federal Governments,
and any subdivision, agency or instrumentality, corporate or
otherwise, or either of them.
"Housing Authority" means any public body created by
or pursuant to chapter 43.
"Issuing Officers" or "Issuing Officer" means the Secretary
of Housing and the Assistant Secretary of Housing.
"Obligee" includes any bondholder, agents or trustees for
any bondholders, or lessor demising to the property of the State
Authority used in connection with a project, or any assignee or
assignees of such lessor's interest or any part thereof, and the
Federal Government when it is a party to any contract with the
State Authority.
"Persons of low or moderate income" means persons or fam-ilies
who lack the amount of income which is necessary, as deter-mined
by the authority undertaking a project, to enable them,
without financial assistance, to live in decent, safe and sanitary
dwellings, without overcrowding.
"Public body" means the State or any municipality, county,
township, board, commission, authority, district, or any other
subdivision or public body of this State.
"Real property" includes all lands, including improvements
and fixtures thereon, and property of any nature appurtenant
thereto, or used in connection therewith, and every estate, inter-est
and right, legal or equitable, therein, including terms for
years and liens by way of judgment, mortgage or otherwise and
the indebtedness secured by such liens.
"Secretary" means the Secretary of Housing.
"State Authority" means the Delaware State Housing Au-thority,
created by Section 4050 of this Chapter.
"State Commissioner" means one of the members of the
State Bureau of Housing.
"Workable program" means an official community plan of
action for using local public and private resources to eliminate
Chapter 293 1029
and prevent slums and blight, and to guide the community's
orderly growth and development.
§ 4002. Purpose; construction
It shall be the purpose and intent of this Chapter to
establish the means whereby the full resources of this State can
be used and applied in a coordinated and integrated manner to
solve or assist in the solution of problems arising from unsani-tary
or unsafe dwelling accommodations as well as slums, blight-ed
and deteriorated areas throughout the State, which cause an
increase in and spread of disease and crime and constitute a men-ace
to the health, safety, morals and welfare of the residents of
the State and impair economic values ; to promote the clearance,
planning, replanning and redevelopment of slums as well as other
areas in which unsanitary or unsafe housing conditions exist;
to promote the rehabilitation or conservation of blighted and de-teriorated
areas including areas in which such unsanitary or un-safe
housing conditions exist; to prevent the further develop-ment
of slums or blighted or deteriorated areas; to provide
housing accommodations to satisfy the existing acute shortage
of decent, safe and sanitary housing available either at low ren-tals,
purchase or otherwise which persons and families of low
and moderate income, elderly persons and veterans including
those who will be returning home from Vietnam can afford ; to
provide a source where the housing and construction industry
and local governments may obtain information on the nature
and availability of Federal assistance for housing and community
development programs and new trends which are evident from
development in these fields ; to assist the State Planning Office
and other state, local and regional planning authorities in the
preparation and implementation of comprehensive plans and
programs for rural and urban housing and improvement of hous-ing
in this State; and to coordinate the housing and urban re-newal
and redevelopment activities of State Agencies, and other
public agencies and private bodies with such responsibilities
within the State.
The department shall, in addition to the other powers
and duties invested in it by this act, or by any other law, assist
in the coordination of State and Federal activities relating to
housing, slum clearance, urban and rural relocation, redevelop-ment
and renewal activities of municipal, county, and regional
1030 Chapter 293
agencies and authorities ; advise and inform the Governor on the
affairs and problems relating to housing, slum clearance, urban
and rural relocation, redevelopment and renewal and make rec-ommendations
to the Governor for proposed legislation pertain-ing
thereto ; encourage cooperative action by municipal and
county governments, including joint service agreements and
regional cooperation ; study the entire field of housing, slum
clearance, urban and rural relocation, redevelopment and re-newal
in the State; collect, collate, publish and disseminate in-formation
necessary to the effective operation of the department,
including data and information required to advise the housing
and construction industry and municipal, county and regional
agencies or authorities of available State and Federal Services
and programs for Housing and community development pro-grams;
to stimulate municipal, county, and regional activities in
the fields of housing, slum clearance, urban and rural redevelop-ment
and renewal through publicity, education and guidance;
recommend, implement and enforce a Statewide housing code as
may be necessary to develop workable programs for community
improvements.
Whenever the Department determines that a need for
housing accommodations or services for low and moderate in-come
persons or families, for elderly persons or veterans, exists
in either urban or rural areas which is not being met, the Depart-ment
shall undertake to supply such accommodations or services
as soon as possible in such manner as the Department deems
best through the activities of the State Housing Authority or
through direct assistance pursuant to the provisions of Subchap-ter
V of this Chapter.
This part shall be construed according to the fair im-port
of its terms and shall be liberally construed to further the
general purposes stated in this section and the special purposes
of the particular provision involved.
SUBCHAPTER II. ORGANIZATION
AND ADMINISTRATION
§ 4003. Establishment of a Department of Housing
There shall be a Department of Housing within the govern-ment
of this State which shall consist of the Secretary of Hous-ing,
a Bureau of Housing, a State Housing Authority.
Chapter 293 1031
§ 4004. Secretary of the department
The administrator and head of the department shall be a
Secretary of Housing, who shall be a person qualified by training
and experience to perform the duties of his office. The Secretary
shall be appointed by the Governor, with the advice and consent
of the Senate, and shall serve on a full time basis at the pleasure
of the Governor and until the appointment and qualification of
the Secretary's successor. The Governor shall set the salary of
the Secretary of Housing, which shall not exceed $25,000 per
year.
§ 4005. Assistant secretary of the department
The Governor shall appoint, upon written recommendation
of the Secretary of Housing and with the advice and consent of
the Senate, an Assistant Secretary of Housing who shall be a
person qualified by training and experience to perform the duties
of his office. The Assistant Secretary of Housing shall be the
Chairman of the Bureau of Housing and shall perform such
other duties as the Secretary of Housing may direct. The Assist-ant
Secretary of Housing shall serve on a full time basis and,
in the absence of the Secretary of Housing, shall be the head of
the Department. The Governor shall set the salary of the Assist-ant
Secretary of Housing, which shall not exceed $20,000 per
year.
SUBCHAPTER III. JURISDICTION;
POWERS AND DUTIES
§ 4006. The secretary may-
1. Develop, revise and maintain a State comprehensive plan
for the coordination, development and improvement of housing
accommodations or services for low and moderate income persons
or families or for elderly persons and for slum clearance, urban
and rural redevelopment and renewal programs. This shall be
done in cooperation with any municipal, county, regional plan-ning,
housing, renewal or rehabilitation agency or authority and
in cooperation with the assistance and review of the State Plan-ning
Office ;
1032 Chapter 293
Develop programs designed to promote the clearance, re-planning
and redevelopment of slums as well as other areas in
which unsanitary or unsafe housing conditions exist;
Develop programs to promote the rehabilitation or con-servation
of blighted and deteriorated areas including areas in
which unsanitary and unsafe housing conditions exist;
Develop programs to prevent the further development of
slums, or blighted or deteriorated areas ;
Develop programs to provide housing accommodations-or
services either at low rentals or purchase or otherwise for per-sons
and families of low income, elderly persons and for veterans ;
Assist municipal, county and regional governmental bod-ies
in the development and establishment of workable programs
for community improvement for the purpose of qualifying for
Federal assistance;
Coordinate the activities of the State Housing Authority
with the activities of municipal, county and regional housing,
renewal and rehabilitation agencies and authorities to furnish
housing accommodations or services either at low rentals or
purchase or otherwise for persons and families of low or moder-ate
income, and for elderly persons as the public need may re-quire
after a public hearing on the need for such accommodations
or services ;
Assist in the coordination of State and Federal activities
relating to housing, slum clearance, urban and rural relocation,
redevelopment and renewal activities of municipal, county and
regional agencies and authorities ;
Promote and encourage cooperative action by municipal
and county governments, including joint service agreements,
regional compacts and other forms of regional cooperation in the
fields of housing, slum clearance and rural and urban redevelop-ment
and rehabilitation ;
Inquire into the utilization of state resources in, and
study the entire fields of housing, slum clearance, urban and rural
redevelopment and renewal in the State and collect, collate, pub-lish
and disseminate information necessary to the effective opera-tion
of the department, including data and information required
Chapter 293 1033
to advise the housing and construction industry and municipal,
county, and regional agencies and authorities of available State
and Federal services and programs in those fields;
Otherwise stimulate municipal, county and regional ac-tivities
in the field of housing, slum clearance, urban and rural
redevelopment and renewal, through publicity, education and
guidance;
Cooperate with intra or interstate commissions and au-thorities,
county governing bodies, State departments, councils,
bureaus, commissions, and other State Agencies, appropriate
Federal agencies, municipalities, and with interested private in-dividuals
and organizations in the coordinating of plans and
policies for promoting and developing housing, slum clearance
and urban and rural relocation, rehabilitation and renewal ac-tivities;
Employ, in his discretion, planning, architectural and
engineering consultants, attorneys, accountants, construction,
and financial experts and consultants, superintendents, man-agers,
and such other officer, employees and agents as may be
necessary in his judgment;
Call to the assistance of the Bureau the services of such
employees of any Federal or State agency as it may require to
conduct its investigative powers and as may be available for such
purpose ;
Delegate any of his powers and duties, except those of
an issuing officer, to employees or other agencies of the Depart-ment;
Create and appoint members of advisory boards;
Supervise the activities of the Bureau of Housing; and
Enter into any and all agreements or contracts on behalf
of the State of Delaware and or the State Housing Authority, ex-ecute
any and all instruments and do and perform any and all
acts or things necessary, convenient or desirable for the im-plementation
or the purposes of this Chapter or to carry out any
power or duty given in this Chapter.
1034 Chapter 293
§ 4007. The secretary shall-
Direct the Department's operations ;
Recommend to the General Assembly for enactment and
enforcement of a State Housing Code or from time to time any
provisions or amendments thereto;
Make an annual report to the Governor and the General
Assembly of the Department's operations; and render such other
reports as may be required by law ;
Make and enforce regulations to effectuate the purposes
of this Act ;
Determine the terms and conditions for the allocation
and grant of State funds authorized by this Act.
SUBCHAPTER IV. THE STATE BUREAU OF HOUSING
§ 4015. Composition; appointments; terms; vacancies
There shall be a State Bureau of Housing within the Depart-ment
of Housing, referred to in this Chapter as the "Bureau",
which shall consist of the Assistant Secretary of Housing, who
shall serve as Chairman, and six members, together with the
pro tempore citizen members of the former State Board of Hous-ing
as set forth in Section 9 hereof. The members of the Bureau
shall each be appointed by the Governor, upon written recom-mendation
of the Secretary of Housing, from among the residents
of this State, who have demonstrated an interest in slum clear-ance,
urban and rural development, and the promotion of bet-ter
housing to serve at the pleasure of the Governor, and shall
serve until the appointment of a successor. In the case of any
vacancy on the Bureau, for whatever reason, such vacancy shall
be filled by the Governor, upon written recommendation of the
Secretary of Housing.
The Chairman of the Bureau shall direct the Bureau's opera-tions
and shall perform such other duties as the Secretary may
direct.
The duties and responsibilities of the Bureau as more par-ticularly
set forth in this subchapter shall be at all times exer-
Chapter 293 1035
cised under and subject to the supervision and direction of the
Secretary. The Secretary may assign to employment in the Bu-reau
such secretarial, clerical and other assistants in the Depart-ment
as the internal operation of the Bureau shall require, and
for such purposes as he shall consider necessary.
§ 4016. Meetings; quorum; by-laws
The Bureau shall meet at least once each month at the call
of the Secretary or the Assistant Secretary in the Secretary's
absence and more often if necessary, and three members shall
constitute a quorum for the transaction of business. The Bureau
may adopt such by-laws as may be necessary to govern their
proceedings.
§ 4017. Compensation and expenses of members
No member other than the Assistant Secretary shall receive
any compensation whether in the form of salary, per diem al-lowances
or otherwise, for or in connection with his services as
a member of the Bureau. Each member shall, however, be en-titled
to reimbursements, to the extent of appropriations or other
funds available therefor, for any necessary expenditures in con-nection
with the performance of his duties.
§ 4018. Employees and expenses
The Secretary may assign to the Bureau such assistants or
employees and authorize them to make such reasonable expenses
as may be necessary to carry out the provisions of this chapter.
§ 4019. Powers and duties of bureau
The Bureau may with the approval of the Secretary :
Study housing conditions and needs throughout the
State to determine in what areas congested and unsanitary hous-ing
conditions constitute a menace to the health, safety, morals,
welfare and reasonable comfort of the citizens of the State;
Prepare programs for correcting such conditions;
Collect and distribute information relating to housing ;
Investigate all matters affecting the cost of construction
or production of dwellings ;
1036 Chapter 293
Study and cooperate with other State regional and local
agencies in the study of means of lowering rents of dwellings,
including recurring economy in the construction and arrange-ment
of buildings; providing of social services and homemaking
programs, methods of repair, securing low-interest financing,
use of modern development approaches, and tenant participation
in the operation of housing;
Cooperate with local housing officials and planning
commissions or similar bodies in cities and other localities in the
development of projects, which may be at any time under con-sideration;
Encourage community organizations to assist in initiat-ing
housing projects for low income or moderate income persons,
urban and rural rehabilitation, redevelopment, and slum clear-ance
projects as provided in Chapters 43 and 45, and to encour-age
and study means for making homeownership available to
low and moderate income families ;
Encourage research in demonstration projects to de-velop
new and better techniques and methods for increasing the
supply of housing for low income or moderate income persons
or families ;
Undertake and carry out studies and analyses of hous-ing
needs within the state and ways of meeting such needs in-cluding
compilation of data with respect to population and fam-ily
groups and the distribution thereof according to income
groups, the amount and quality of available housing and its dis-tribution
to rentals and sales prices, employment, wages and
other factors affecting housing needs and the Bureau thereof;
and make the results of such studies and analyses available to
the public and the housing and supply industries ; and engage in
research and disseminate information on housing;
Survey and investigate the housing conditions and
needs, both urban and rural, throughout the State and make
recommendations to the Secretary as to legislation allocation of
assistance under Subchapter V herein and other measures neces-sary
or advisable to alleviate any existing or projected housing
shortage in the state for his recommendation to the Governor
and the Legislature ;
Chapter 293 1037
Cooperate with the State Housing Authority in the
development and implementation of housing projects including
recommendations as to housing needs, assistance of staff per-sonnel,
and providing material and information on housing needs
and requirements in Delaware;
Assist communities to develop and carry out work-able
programs for community improvements.
§ 4020. Investigative powers; power to compel assistance of
witnesses and production of books
The Bureau may investigate the affairs of housing au-thorities
and all urban renewal and rehabilitation activities by
municipal, county and regional agencies and authorities, and
the dealings, transactions, or relationships of such authorities
with other persons. The Bureau may act through a committee of
its members in conducting any of the investigations provided
for in this chapter and the chairman of any such committee shall
have all the powers of the Bureau. Each member of the Bureau
may administer oaths, take affidavits and make personal inspec-tions
of all places to which their duties relate. The Bureau may
subpoena and require the attendance of witnesses and the pro-duction
of books and papers pertaining to the investigations and
inquiries authorized in this chapter and examine them in rela-tion
to any matter it has power to investigate, and issue com-missions
for the examination of witnesses who are out of the
State or unable to attend before the Bureau are excused from
attendance.
The Bureau may hold hearings at such places and at
such times as shall be determined by the Bureau to hear com-plaints
on housing by any aggrieved person as contemplated by
this Chapter. The procedure outlined in subsection (a) shall
apply to such hearings. Written reports shall be rendered in all
cases to the Secretary within 10 days after such hearing. Notice
of complaint by any aggrieved person shall be in writing stating
the nature thereof and may be made to any member of the
Bureau.
Upon the failure of any person to comply with a sub-poena
duly issued by the Bureau, the Bureau may seek an order
from the Superior Court of the County in which the person sub-
1038 Chapter 293
poenaed resides, has a place of business or can be found to show
cause why that person should not be held in contempt for failure
to comply with the subpoena.
§ 4021. State Housing Code
The Bureau shall recommend to the Secretary for his
recommendation to the General Assembly pursuant to §4007. (2),
after notice and public hearings, a statewide housing code to
fully implement the policies and activities in the field of housing
as contemplated by this chapter. The code shall contain such
rules and regulations as may be necessary to establish and de-velop
workable programs for community improvements whenever
and wherever they are needed to qualify for Federal assistance.
The administrative procedures relative to the times,
places, and extent of said hearings shall be within the province
of the Bureau.
Such State Housing Code shall be drafted to have
effect in all areas of the State of Delaware where either a hous-ing
code does not exist or does not comply with the standards
and provisions of the State Housing Code and such other codes,
rules and regulations to establish and develop workable pro-grams
for community improvements whenever and wherever
they are needed to qualify for Federal assistance. It shall also
provide that whenever a municipal or county housing code or
regulation exists, the Bureau shall determine (1) its effective-ness,
(2) its compliance with the State Housing Code. Such a
determination shall create a presumption of compliance in any
judicial or administrative proceeding.
§ 4022. Enforcement of State Housing Code; establishment of
office of Housing Code Enforcement
There is established, within the Department an Office
of Housing Code enforcement to function directly under the
supervision of the Secretary to carry out and enforce the pro-visions
of the State Housing Code.
The office shall be staffed with necessary personnel,
including inspectors, as may be determined by the Bureau.
Chapter 293 1039
SUBCHAPTER V. STATE FINANCIAL ASSISTANCE
§ 4030. Financial assistance for preparation of community ac-tion
plans
Any community may prepare a community development
action plan which shall, to the extent feasible and appropriate,
include the elements of a workable program for community im-provement
which shall include but not be limited to an official
plan of action, as it exists from time to time, for effectively deal-ing
with the problem of urban slums and blight within the com-munity
and for the establishment and preservation of a well
planned community with well-organized residential neighbor-hoods
of decent homes and suitable living environment for ade-quate
family life, for utilizing appropriate private and public
resources to eliminate, and prevent the development or spread
of slums and urban blight, to encourage needed urban rehabilita-tion,
to provide for redevelopment of blighted, deteriorated, or
slum areas, or to undertake such of the aforesaid activities or
other feasible community activities as may be suitably employed
to achieve the objectives of such a program.
A community development action plan shall be submitted to
the regional or local planning agency, if any exists, for the
planning area in which a community preparing such plan is
situated. Said regional or local planning agency shall render an
advisory opinion on such plan within sixty days of the referral
of such plan and shall provide written copies of such opinion to
the referring community and the Secretary. A community shall
submit its community development action plan to the Secretary
for approval.
In order to receive State financial assistance under any
provision of this Subchapter a community shall prepare a pro-gram
for the preparation of a community development action
plan. Such program shall include, among other things, (1) a
genera/ description of the physical, economic and human resource
characteristics of the community, including the known physical
economic and human resource, problems and needs of the com-munity
and identifying potential physical, economic and human
resource needs and programs; (2) a schedule of work to be un-dertaken
to assure the timely preparation of the community de-velopment
action plan within the initial two-year period; (3) a
1040 Chapter 293
description of the means by which such community proposes to
complete the community development action plan, including, but
not limited to, the name of the official, board, commission, or
agency designated to undertake the completion of the community
development action plan and the names of independent contrac-tors,
if any, who have been or may be engaged to assist it in such
preparation, or a request to the Secretary for such assistance,
and shall contain a commitment to comply with the requirements
of Section 6 of this Act. Such program shall be approved, and
the undertaking of the community development action plan au-thorized,
by the governing body of the community prior to the
submission of the program to the Secretary for his approval.
Progress reports on the preparation of the community develop-ment
action plan shall be submitted to the Secretary at intervals
of not less than six months commencing from the date of ap-proval
of the first application for state assistance under this act.
The community development action plan shall be submitted to
the Secretary for his approval within twenty-four months after
the date of approval of such first application. If such community
development action plan is not submitted to the Secretary and
approved by the Secretary within twenty-four months after the
date of approval of such first application, or the community does
not show progress in the preparation of such community develop-ment
action plan satisfactory to the Secretary within twelve
months after such date, the State shall thereafter make no fur-ther
payments of financial assistance or advances-in-aid of any
program, project or activities in such community pursuant to the
provisions of this act until such progress is shown or such plan
is prepared by the community and approved by the Secretary;
provided that the Secretary may grant a community an exten-sion
of time for preparing and securing his approval of such plan
when the Secretary determines such extension to be in the best
interest of the State and of the people of such community.
§ 4031. Financial assistance for redevelopment and urban re-newal
projects
(a) The State, acting by and in the discretion of the Secre-tary
may enter into a contract with a community acting by its
redevelopment agency, for state financial assistance for a re-development
or urban renewal project under Chapter 46 of Title
31, Delaware Code, as amended, in any redevelopment or urban
Chapter 293 1041
renewal area in such community as defined in said chapter 45;
provided such project shall have been approved for surveys and
plans by the federal Department of Housing and Urban Develop-ment
under the Federal Housing Act of 1949, as amended. Such
contract shall provide for financial assistance by the State equal
to one-half of the amount by which the net cost of the project,
as determined by the Secretary, exceeds the federal grant-in-aid
thereof.
§ 4032. Financial assistance for demolition of unsafe structures
and urban beautification
The State, acting by and in the discretion of the Secre-tary,
may enter into a contract with a community for State finan-cial
assistance for the demolition of unsafe structures which
under State or local law have been determined to be structurally
unsound or unfit for human habitation and which such commu-nity
has authority to demolish. Such contract shall provide State
financial assistance equal to (1) two-thirds of the net cost of the
demolition as approved by the Secretary of (2) where the demo-lition
is financed under the Federal Housing Act of 1949, as
amended, one-half of the amount by which the net cost of the
demolition, as approved by the Secretary exceeds the federal
grant-in-aid thereof.
The State, acting by and in the discretion of the Secre-tary
may enter into a contract with a community for State finan-cial
assistance for programs of urban beautification ; provided
such programs shall have been approved by the federal Depart-ment
of Housing and Urban Development under the Federal
Housing and Urban Development Act of 1965, as amended. Such
contract shall provide for state financial assistance in the form
of a state financial assistance equal to one-half of the amount by
which the net cost of the program as approved by the Secretary
exceeds the federal grant in aid thereof.
§ 4033. Financial assistance for development of neighborhood
facilities and community services
The State, acting by and in the discretion of the Secretary
may enter into a contract with a community for State financial
assistance in developing neighborhood facilities for carrying out
programs of health, recreational, social or similar community
services ; provided such project will have been approved by the
federal Department of Housing and Urban Development under
the Federal Housing and Urban Development Act of 1965, as
amended. Such contract shall provide for State financial assist-ance
equal to one-half of the amount by which the net cost of the
project as approved by the Secretary exceeds the federal grant-in-
aid thereof.
§ 4034. Non-profit housing development corporation
A non-profit housing development corporation may qualify
for assistance under section 4035 of this subchapter provided;
(1) it shall be organized for purposes other than to make a profit
or gain for itself and shall not be controlled or directed by per-sons
or firms seeking to derive profit or gain therefrom; (2) it
shall provide housing as defined in this section.
As used in this section, the term "housing" means housing
acquired, or constructed, or rehabilitated and (1) leased under
section 221 (D3) of the Federal Housing Act of 1961, as amended,
to families and individuals eligible for rent supplements under
the Federal Housing and Urban Development Act of 1965, as
amended ; or (2) sold under section 221 (h) of the Federal Hous-ing
Act of 1961, as amended; or (3) sold or leased to or under a
contract with a housing authority under the provisions of the
Federal Housing Act of 1937 as amended ; or (4) sold or leased
under any provisions of any statute of the United States or this
State which restricts ownership or occupancy to families or in-dividuals
whose incomes do not exceed limits prescribed by such
statute or by regulatory agreement.
§ 4035. Financial assistance to community housing develop-ment
corporation
The State, acting by and in the discretion of the Secretary
may enter into a contract with a non-profit housing development
corporation for State financial assistance in the form of a state
financial assistance equal to the cost of the non-profit housing
development corporation, as approved by the Secretary, of de-veloping
low income housing under section 4034 of this sub-chapter
but limited to the following expenses : (1) appraisals,
title searches, legal fees, option agreements, architectural, engi-
1042 Chapter 293
Chapter 293 1043
neering and consultants' fees, financing fees, closing costs and
such other expenses as may be financed by a mortgage loan under
any federal or state housing statute incurred by a non-profit
housing development corporation prior to the disbursement of
mortgage loan funds on account of such property; provided, to
the extent such expenses are recovered by the non-profit housing
development corporation from the mortgage loan, such expenses
shall be repaid to the State; (2) the costs of land in excess of
the appraised value ; (3) the administrative and overhead costs
of such corporation; (4) the costs of an information program in
connection with such housing; (5) the costs of a social services
program in connection with the low income housing program;
and (6) such other reasonable costs related to the development
of such housing as may be approved by the Secretary.
§ 4036: Financial assistance for social and supplementary
services
Any housing authority or non-profit housing corporation
may prepare and submit to the Secretary for approval a program
of social and supplementary services and project rehabilitation
and improvement for any or all housing projects within the juris-diction
of such housing authority or corporation. Such program
shall include the estimated costs of the services, rehabilitation
and improvement and the method and staff required to carry
out such program. After approval of such program by the Secre-tary,
the State acting by and in the discretion of the Secretary
may enter into a contract with the housing authority or non-profit
housing corporation conditioned upon the housing authority, non-profit
housing or corporations performing the program ap-proved.
Such contract shall provide for State financial assistance
equal to one-half the cost of such program.
§ 4037. Financial assistance for relocation
The State, acting by and in the discretion of the Secretary,
may enter into a contract with a community for State financial
assistance equal to the cost of relocating individuals, families,
business concerns and farms displaced by governmental action
who have been reimbursed for moving costs in a condemnation
proceeding and who are not otherwise reimbursed or entitled to
reimbursements by the federal government or the State. Such
1044 Chapter 293
contract shall provide for financial assistance by the State equal
to the cost of relocation as determined by the Secretary. When-ever
used in this section "governmental action" means any action
by any agency, board, commission or department of the State or
any community or any public authority which causes the dis-placement
of any individual family, business concern or firm;
"business concern" means a corporation, partnership, individual,
or other private entity, concern, corporate or otherwise, includ-ing
a non-profit organization engaged in some type of business,
professional or institutional activity necessitating fixtures, equip-ment,
stock in trade or other tangible property for the carrying
on of the business, profession or institution; "farm" means a
parcel of land or parcels of land operated as a single unit, which
is used for production of one or more agricultural commodities
for sale and home use and which customarily produces or is
capable of producing such commodities in sufficient quantity to
contribute materially to the operator's support, including the
operation of stock, dairy, poultry, fruit, fur-bearing animal and
truck farms, plantations, ranches, nurseries, ranges and green-houses
or other similar structures used primaily for raising agri-cultural
or horticultural commodities; "moving expenses" means
the cost of dismantling, disconnecting, crating, loading, insuring,
temporary storing, transporting, unloading, reinstalling and re-connecting
of personal property, exclusive of the cost of any
additions, improvements, alterations or other physical changes
in or to any structure in connection with affecting such reassem-bly,
reconnection or reinstallation. The amount of relocation
assistance paid in accordance with the provisions of this section
shall not exceed two hundred and fifty dollars for any individual
or family or twenty-five thousand dollars for any business con-cern
or farm. The chief executive officer of the community shall
administer the relocation assistance as authorized herein to all
persons, families, business concerns or farms displaced by gov-ernmental
action in such community and may authorize any
municipal agency, board, commission or department to prepare
a relocation plan for individuals, families, business concerns and
farms to be displaced by the proposed governmental action, and
to file such plan with the Secretary. Upon approval of the plan
by the Secretary, the community shall be authorized to expend
such funds as may be necessary to accomplish the purposes of
this section. The Secretary shall make payment to such commu-
Chapter 293 1045
nity for the purpose of defraying the reasonable cost of preparing
and carrying out the provisions of this section, in an amount
equal to the actual cost incurred by such community for reloca-tion
assistance and local cost of administration, provided the
amount of such payment for other than administrative costs
shall not exceed two hundred and fifty dollars for any individual
or family or twenty-five thousand dollars for any business con-cern
or farm. The Secretary shall review the scope and adequacy
of all relocation assistance offered in Delaware by any public
body, for any individual, family, business concern or farm dis-placed
by governmental action where such displacement and re-location
is not reviewed by a federal agency or another State
agency, to assure that adequate relocation assistance is available
to all individuals, families, business concerns and farms displaced
by governmental action in the State, including assistance from
public and private social service agencies for displaced families
and individuals suffering from problems of deprivation and pov-erty.
No payment for moving expenses shall be made under the
provisions of this section to any person, family, business concern
or farm unless the Secretary is satisfied that such person, family,
business concern or farm has moved to a location within the State.
§ 4038. Financial assistance for community plan for develop-ment
(a) The State, acting by and in the discretion of the Secre-tary
may enter into a contract with a community for State finan-cial
assistance equal to two-thirds of the cost of developing or up-dating
community plans of development. The Secretary shall as-sure
that any planning performed by any community with State
financial assistance under this section shall be adequate to meet
the standards and criteria of the federal Urban Planning Assist-ance
Program administered by the federal Department of Hous-ing
and Urban Development and such other federal planning
criteria for such other federal programs as may be appropriate.
No State financial assistance shall be made under this section
unless federal funds for the purposes described herein are not
available, as determined by the Secretary, at the time of appli-cation
for such State financial assistance ; provided, if federal
funds subsequently become available for the same purpose for
which State financial assistance had been granted, the community
shall repay the Secretary from such federal funds an amount
1046 Chapter 293
equal to such State financial assistance, if, under federal law,
such federal funds may be so used, or the Secretary may apply
to the United States for and accept such funds as reimbursement
for such State financial assistance.
The Secretary may in his discretion make advances
of funds to communities for up to eighty per cent of the costs,
as approved by the Secretary of surveys and planning in prepara-tion
of any project, program or activity for which State financial
assistance is provided under this act, and the contracts for such
advances of funds shall require that such advances shall be re-paid
to the State if the community receives funds for the pur-poses
of this subsection from a source other than the State.
The State, acting by and in the discretion of the Secre-ary
may enter into a contract with a community to pay eighty
percent of the costs, approved by the Secretary for preparation,
review or revision, of community development action plan as de-scribed
in subsection (a) of section 4030 of this subchapter.
The State, acting by and in the discretion of the Secre-tary,
may enter into a contract with a housing authority or two
or more housing authorities acting jointly for technical assist-ance
and financial assistance in the form of a State grant-in-aid
not to exceed two-thirds of the cost of conducting housing sur-veys
and research as approved by the Secretary and as author-ized
in chapter 43, Title 31, Delaware Code.
SUBCHAPTER VI. ESTABLISHMENT OF STATE
HOUSING AUTHORITY
§ 4050. Composition; appointment; term, vacancy
There is hereby created in the Department of Housing a
Public Corporation of perpetual duration to be called the "Dela-ware
State Housing Authority." The provisions of Chapter 43 of
Title 31, Delaware Code, shall apply to the State Authority and
to its projects as fully as such provisions apply to a housing au-thority
created by section 4303 of that Chapter and to its hous-ing
projects; provided, however, that the State Authority shall
not be subject to sections 4303, 4305, 4306, 4314, 4317, 4318 of
Title 31, Delaware Code.
Chapter 293 1047
The State Authority shall exercise all its powers and func-tions
by and through the Secretary.
The Secretary may assign to employment within the Au-thority
such employees as deemed necessary to carry out its as-signed
duties and functions.
§ 4051. Authority to contract for labor or materials
The State Authority shall contract for labor or materials
(except labor or materials used in the maintenance or operation
of projects) pursuant to the manner prescribed in Chapter 69,
Title 29, for Departments and other agencies of the State Gov-ernment.
§ 4052. Seal of The State Housing Authority
The State Authority shall have a corporate seal in the form
of a circle bearing the arms of the State in the center and the
name of the Authority in the border. All deeds, contracts or
other obligations, certificates, or other instruments executed, in-cluding
bonds which are provided for in Section 4055, made or
issued on behalf of the Authority, shall bear the signature of
the Secretary and have impressed, or imprinted thereupon, the
seal of the Authority, or facsimile thereof, and when so appear-ing
shall be conclusively presumed in any judicial action or pro-ceeding
the valid act and deed of the authority. The presumption
set forth in this provision shall also apply to all bonds executed
pursuant to the provisions of section 4054 of this sub-chapter.
§ 4053. Powers of the State authority
The State Authority, in addition to its other powers, shall
have power, notwithstanding anything to the contrary contained
in this chapter or in any other provision of law:
(a) To exercise any or all of the powers conferred upon it,
either generally or with respect to any specific housing project
or projects, through or by an agent or agents which it may desig-nate
including any corporation or corporations which are or shall
be formed under the laws of this State, and for such purposes the
authority may cause one or more corporations to be incorporated
under the laws of this State or may acquire the capital stock
of any corporation or corporations. Any corporate agent, all of
1048 Chapter 293
the stock of which shall be owned by the State Authority or its
nominee or nominees, may to the extent permitted by law exer-cise
any of the powers conferred upon the State Authority herein,
conferred upon it by the State Authority as agent.
To fund the operation of any agents it may designate
or any authority by advancing moneys appropriated pursuant to
section 4067 of this subchapter.
To make first mortgage loans without interest on such
terms and conditions as may be determined by the Secretary of
Housing, for the construction, financing, refinancing or rehabili-tation
of housing for low and moderate income persons and fam-liies
;
To insure mortgage loans to finance the building or
rehabilitation of housing designed and planned to be available
at low and moderate rentals for sale at low and moderate in-come
persons and families;
To build or rehabilitate housing designed and planned
to be sold at low and moderate prices to low and moderate income
persons and families.
§ 4054. Bonds
(a) The State Authority may with the approval of the Is-suing
Officer issues bonds (including refunding bonds for the
purpose of paying or retiring bonds previously issued by the
authority) from time to time in such amounts as it may deem
advisable for any of its corporate purposes. The authority may
issue such types of bonds as it may determine, including bonds
on which the principal and interest are payable; (a) exclusively
from the income and revenues of any undertaking financed in
whole or in part with the proceeds of such bonds ; or (b) ex-clusively
from the income and revenues of certain designated
housing projects whether or not they were financed in whole or
in part with the proceeds of such bonds; or (c) from its rev-enues
generally or (d) grants, subsidies or other payments from
the Federal Government. Any of such bonds may be additionally
secured by a pledge of any revenues or a mortgage of any housing
project, projects or other property of the State Authority or any
of its agents or designees;
Chapter 293 1049
(b) Neither the Issuing Officers nor any person executing
the bonds shall be liable personally on the bonds.
§ 4055. Forms and terms of bonds; disposition of proceeds
All bonds issued under the authority of this sub-chapter
shall be dated, shall bear interest at such rate or rates, not ex-ceeding
the allowable maximum interest established by Section
2301 of Title 6, Delaware Code, as amended, payable semi-annually,
shall mature at such time or times and may be made
redeemable before maturity at such times and at such price or
prices and under such terms and conditions as may be fixed by
the Issuing Officers prior to the issuance of the bonds. The prin-cipal
of and the interest upon such bonds may be made payable
in any lawful medium. The Issuing Officers shall determine the
form of the bonds, including any interest coupons to be attached
thereto, and shall fix the denominations of the bonds. Both prin-cipal
of and interest on the bonds shall be payable at the Farmers
Bank of the State of Delaware, at Dover, or at such alternate
places as the aforesaid Farmers Bank may designate;
Bonds shall be signed by manual or facsimile signature
of the Secretary and the seal of the State Authority or a fac-simile
thereof shall be affixed thereto or imprinted thereon and
said seal shall be attested by the manual or facsimile signature
of the Assistant Secretary. Any coupons attached thereto shall
bear the facsimile signature of the Secretary. In case any person
whose signature or facsimile thereof shall appear on any bonds
or coupons shall cease to be the Secretary before the delivery of
such bonds, such signature or facsimile shall, nevertheless, be
valid for all purposes, the same as if he had remained in office
until delivery;
All bonds issued under the provisions of this sub-chapter
shall have, and are declared to have, all the qualities and incidents
of negotiable instruments under the Uniform Commercial Code ;
Such bonds and the income therefrom shall be exempt
from all taxation by the State of Delaware or by any political
subdivision, agency or authority thereof;
The bonds may be issued in coupon or registered form,
or both, as the Issuing Officers may determine, and provision
may be made for the registration of any coupon bond as to prin.
1050 Chapter 293
cipal alone or as to both principal and interest, and for the re-conversion
of any bonds registered both as to principal and inter-est
into coupon bonds;
The Issuing Officers may sell such bonds either at public
or private sale in such manner and for such price as they may
determine to be for the best interest of State Authority but no
such sale may be at a price so low as to require the payment of
interest on money received therefor at more than the allowable
maximum interest established by Section 2301 of Title 6, Dela-ware
Cod,e as amended, computed with relation to the absolute
maturity of the bonds in accordance with standard tables of
bond values ;
The proceeds of such bonds, exclusive of accrued in-terest,
shall be used solely for the purposes specified in the
resolution of the State Authority authorizing the issuance thereof,
or as set forth in the indenture securing their payment, which
purposes may include redemption premiums, interest on bonds to
be refunded to the redemption date or date of maturity thereof
and all legal and other expenses of their issuance, and shall be
disbursed under such restrictions, if any, as said resolution or
trust indenture may provide;
The proceeds of such bonds shall at no time revert to
the General Fund of the State Treasury but shall at all times
be available to the State Authority for the aforesaid purposes;
provided, however, that if the proceeds of the bonds of any issue
shall exceed the amount required for the purpose or purposes
for which such bonds are authorized to be issued, the surplus
may be used for any purpose of the State Authority authorized
in this sub-chapter or for the payment of the principal of or
interest on its outstanding bonds;
Prior to the preparation of definitive bonds the Issuing
Officers may issue temporary bonds with or without coupons,
exchangeable for definitive bonds upon the issuance of the latter.
The issuing officers may also provide for the replacement of any
bond which shall become mutilated or be destroyed or lost. Such
bonds may be issued without any other proceedings, conditions
and things which are specified and required by this sub-chapter.
Chapter 293 1051
§ 4056. Bonds as legal investments for institutions and fiduci-aries;
and as legal deposit
The Bonds issued under the authority of this sub-chapter
are hereby declared to be securities in which all State and mu-nicipal
officers and administrative departments, boards and com-missions
of the State, all banks, bankers, savings banks, trust
companies, savings and loan associations, investment companies,
and other persons carrying on a banking business, all insurance
companies, insurance associations, and other persons carrying
on an insurance business, and all administrators, executors,
guardians, trustees, and other fiduciaries, and all other persons
whatsoever who now or may hereafter be authorized to invest
in bonds or other obligations of the State, may properly and
legally invest any funds, including capital belonging to them
or within their control ; and such bonds are hereby declared
securities which may properly and legally be deposited with and
received by any State, County or municipal officer or agency
of the State for any purpose for which the deposit of bonds or
other obligations of the State is now or may hereafter be
authorized by law.
§ 4057. Credit of state not pledged
Bonds issued under the provisions of this sub-chapter shall
be payable exclusively from the revenues and other funds of the
State Authority and shall contain the following statement on
their face: The State of Delaware is not obligated to pay the
principal of this bond nor the interest thereon; nor are the faith
and credit of the State pledged to the payment of the principal
of, or interest on this bond. The issuance of bonds under the
provisions of the sub-chapter shall not directly or indirectly or
contingently obligate the State to levy or pledge any form of
taxation whatever therefor or to make any appropriation for
their payment and the bonds shall not constitute an indebtedness
within the meaning of any constitutional or statutory debt limita-tion
or restriction.
§ 4058. Provisions of bonds and mortgages
In connection with the issuance of bonds or the incurring
of any obligation under a lease, and to secure the payment of
1052 Chapter 293
such bonds or obligations, the State authority in addition to its
other powers may :
Pledge all or any part of its rents, fees or revenues to
which its right then exists or may thereafter come into existence;
Mortgage all or any part of its property, real or per-sonal,
then owned or thereafter acquired, including any of the
public domain owned or acquired by it;
Covenant against mortgaging all or any part of its
property, real or personal, then owned or thereafter acquired
or against permitting or suffering any lien thereon;
Covenant with respect to limitations on its right to sell,
lease or otherwise dispose of any project or any part thereof;
Covenant against pledging all or any part of its rents,
fees, and revenues to which its right then exists or may there-after
come into existence, or against permitting or suffering
any lien thereon ; -
Covenant as to the bonds to be issued and as to the issu-ance
of such bonds in escrow or otherwise, and as to the use and
disposition of the proceeds thereof;
Covenant as to what other, or additional debts may be
incurred by it;
Covenant that the State authority warrants the title
to the premises;
Covenant as to the rents and fees to be charged, the
amount to be raised each year or other period of time by rents,
fees and other revenues, and as to the use and disposition to be
made thereof ;
Covenant as to the use of any or all of its property,
real or personal ;
Create or authorize the creation of special funds
segregating the proceeds of any loans or grants, the revenues of
any project or projects, reserves for principal and interest on
its bonds and for operating contingencies, and other reserves; and
covenant as to the use and disposal of the moneys held in such
funds ;
Chapter 293 1053
Redeem the bonds, and covenant for their redemption,
and provide the terms and conditions thereof;
Covenant against extending the time for the payment
of its bonds or interest thereon;
Prescribe the procedure, if any, by which the terms
of any contract with bond holders may be amended or abrogated,
the amount of bonds the holders a which must consent thereto,
and the manner in which such consent may be given ;
Covenant as to the maintenance of its property, the
replacement thereof, the insurance to be carried thereon, and
the use and disposition of insurance moneys;
Vest in an obligee, in the event of a default by the
State authority, the right to cure any such default and to advance
any moneys necessary for such purpose, and covenant that the
moneys so advanced be an additional obligation of such authority
with such interest, security and priority as may be provided in
any mortgage, lease or contract;
Covenant and prescribe as to the events of default
and terms and conditions upon which any or all of its bonds shall
become or may be declared due before maturity, and as to the
terms and conditions upon which such declaration and its con-sequences
may be waived;
Covenant as to the rights, liabilities, powers and duties
arising upon the breach by it of any covenant, condition or ob-ligation;
Covenant to surrender possession of a project or proj-ects
or parts thereof upon the happening of an event of default ;
and vest in an obligee the right, upon such default and without
judicial proceedings, to take possession and use, operate, manage
and control such projects or any parts thereof, and to collect and
receive rents, fees and revenues arising therefrom in the same
manner as such authority itself might do, and to dispose of the
moneys collected in accordance with the agreement of such
obligee with the authority ;
Vest in a trustee or trustees the right to enforce any
covenant to secure, or pay the bonds, or otherwise relating to
such bonds; provide for the powers and duties of such trustee
1054 Chapter 293
or trustees, limit the liabilities thereof, and provide the terms
and conditions upon which the trustee or trustees, or the holders
of bonds, or any proportion of them may enforce any such
covenant;
Vest in a government or in a trustee the right, upon
the happening of an event of default, to foreclose the mortgage
securing any bonds held by such government, through judicial
proceedings or through the exercise of a power of sale without
judicial proceedings;
Vest in other obligees the right, upon the happening
of an event of default, to foreclose any mortgage through judicial
proceedings;
Vest in any obligee, the right to foreclose any such
mortgage as to all or such part or parts of the property covered
thereby as such obligee shall elect; the institution, prose-cution
and conclusion of any such foreclosure proceedings or the
sale of any such parts of the mortgaged property shall not affect
in any manner or to any extent the lien of the mortgage on the
parts of the mortgaged property not included in such proceedings
or not sold as aforesaid ;
Make covenants other than, and in addition to, the
covenants herein expressly authorized, of like or different char-acter
and execute all instruments necessary or convenient in the
exercise of the powers herein granted, or in the performance of
its covenants or duties, which may contain such covenants and
provisions, in addition to those above specified, as the govern-ment
or any purchaser of the bonds of the State Authority may
require ;
Make such covenants and do any and all such acts and
things as may be necessary or convenient or desirable in order
to secure its bonds, or in the absolute discretion of the State
Authority tend to make the bonds more marketable, notwith-standing
that such covenants, acts or things may not be enumer-ated
herein.
§ 4059. Trust indenture
(a) In the discretion of the Issuing Officers each and any
issue of such bonds may be secured by a trust indenture by and
Chapter 293 1055
between the Issuing Officers and a corporate trustee, which may
be any trust company or bank having the powers of a trust com-pany
within or without the State;
Such trust indenture may pledge or assign the revenues
of the State Authority but shall not create a security interest in
or convey or mortgage any real property owned, operated or
maintained by the State Authority. Either the resolution pro-viding
the issuance of the bonds or such trust indenture may con-tain
such provisions specifying, defining, protecting and enforc-ing
the rights and not in violation of law, include covenants set-ting
forth the duties of the State Authorities in relation to the
acquisition, construction, improvement maintenance, operation,
repair and insurance of any facilities or additions thereto, and
the custody, safeguarding and application of all moneys;
It shall be lawful for any bank or trust company incor-porated
under the laws of this State to act as such depository
and to furnish such indentifying bonds or to pledge such securi-ties
as may be required by the State Authority. Such indenture
may set forth the rights and remedies of the bondholders and of
the trustee, and may restrict the individual right of action of
bondholders as is customary in trust indentures securing bonds
and debentures of corporation ;
In addition to the foregoing, such trust indenture may
contain such other provisions as Issuing Officers may deem rea-sonable
and proper for the security of the bondholders. All ex-penses
incurred in carrying out the provisions of such trust in-denture
may be treated as a part of the cost of maintenance, op-eration
and repairs of any facility to which such indenture is re-lated
or may be paid out of the revenues of the State Authority.
§ 4060. Remedies of bondholders and trustees
(a) Any holder of bonds issued under the provisions of this
sub-chapter or any of the coupons attached thereto, and the
trustee under the trust indenture, if any, except to the extent the
rights given by this sub-chapter may be restricted by resolution
passed before the issuance of the bonds or by the trust indenture,
may either at law or in equity by suit, action, mandamus, or
other proceedings protect and enforce any and all rights under
the laws of the -United States or of the State of Delaware or
1056 Chapter 293
granted under this sub-chapter or under such resolution or trust
indenture, and may enforce and compel performance of all duties
required by this subchapter, or by such resolution or trust in-denture,
to be performed by the State Authority or any officer
thereof, including the fixing, charging and collecting of fares or
charges for the use of any facility operated by the State Au-thority;
(b) Such resolution or trust indenture may contain provi-sions
under which any holder of such bonds or the trustee under
such trust indenture shall be entitled to the appointment of a
receiver in the event of a default, and any receiver so appointed
shall have and be entitled to exercise all the rights and powers
of the State Authority with respect to the facilities operated or
maintained by the State Authorities and all of the appropriate
rights and powers of a receiver in equity.
§ 4061. Moneys as trust funds
All moneys received pursuant to the authority of this sub-chapter,
whether as proceeds from the sale of bonds, or grants or
other contributions from any person corporate or otherwise or
government or as fares and revenues, shall be deemed to be trust
funds, to be held and applied solely as provided in this subchap-ter.
The Issuing Officers shall, in the resolution authorizing the
issuance of bonds or in the trust indenture, provide for the pay-ment
of the proceds of the sale of the bonds and the fares and
revenues to be received, to any officer, agency, bank or trust
company who shall act as trustee of such funds, and shall hold
and apply the same to the purposes of this sub-chapter, subject
to such regulations as this sub-chapter and such resolution or
trust indenture may provide.
§ 4062. Subordination of mortgage to agreement with govern-ment
The State Authority may agree in any mortgage made by
it that such mortgage shall be subordinate to a contract for the
supervision by a government of the operation and maintenance
of the mortgaged property and the construction of improvements
thereon. In such event, any purchase or purchasers at a sale
of the property of the State Authority pursuant to a foreclosure
of such mortgage or any other remedy in connection therewith
shall obtain title subject to such contract.
Chapter 293 1057
§ 4063. Powers with respect to rural housing
In undertaking the provision of housing for individuals and
families of low and moderate income in rural areas the State
authority may comply with any conditions not inconsistent with
the purposes of this chapter required by the federal government
pursuant to federal law in any contract for financial assistance
with the State authority concerning such undertakings.
§ 4064. Make payments to public bodies
The State Authority may agree to make such payments to
the State, or any political subdivisions thereof (which payments
such bodies are hereby authorized to accept) as the State Au-thority
finds consistent with the maintenance of the low and
moderate rent character of housing projects or the achievement
of the purposes of this sub-chapter.
§ 4065. Advisory services
The State Authority is authorized to provide to non-profit
housing corporations and consumer housing cooperatives, such
educational services as will assist them to become owners of hous-ing
projects, in accordance with the provisions of this act. Ad-visory
and educational services may include but are not neces-sarily
limited, consultation services, training courses, seminars
and lectures, and preparation and dissemination of newsletters
and other printed materials and the services of field representa-itves.
The State Authority is also authorized to provide non-profit
housing companies and consumer housing companies with
advisory, consultative, technical, training and educational serv-ices
in the management and training and advisory services for
the residents of the housing projects so as to promote efficient
and harmonious management of the housing projects so as to
promote efficient and harmonious management of the housing
projects ; to make available technical and financial assistance
and advisory services to any municipal, county or regional plan-ning,
zoning or redevelopment agency or commission, housing
authority, or other appropriate agency for surveys, land use
studies, municipal plans of development, urban renewal plans,
housing plans, housing cite development plans, human resource
development programs, community development action plans,
and for other functions pertinent to municipal planning, zoning,
1058 Chapter 293
redevelopment, urban renewal, the provision of adequate housing
human resource development, industrial and commercial develop-ment,
municipal public improvement programs and other rural,
urban and municipal problems. Such financial assistance shall
be rendered upon such contractual arrangements as may be
agreed upon by the Secretary and any such agency, authority
or commission in accordance with their respective needs.
§ 4066. Assistance to nonprofit sponsors of low and moderate
income housing
(a) The State Housing Authority is authorized to provide
or contract with public or private organizations to provide, in-formation,
advice, and technical assistance with respect to the
construction, rehabilitation, and operation by non-profit organ-izations
of housing for low or moderate income families. Assist-ance
by the Secretary may include
the assembly, correlation, publication, and dissemina-tion
of information with respect to the construction, rehabita-tion,
and operation of low and moderate income housing, and
Providing advice and technical assistance with respect
to the construction, rehabilitation, and operation of low and
moderate income housing.
(b) (1) The Secretary is authorized to make loans not to ex-ceed
a total amount at any time outstanding and not repaid of
$1,000,000 appropriated by section 467 of Title 31, Delaware
Code, to nonprofit organizations for the necessary expenses, prior
to construction, in planning, and obtaining financing for, the re-habilitation
or construction of housing for low or moderate in-come
families under any federally assisted program. Such loans
shall be made without interest and shall not exceed 80 per centum
of the reasonable costs expected to be incurred in planning, and
in obtaining financing for such housing prior to the availability
of financing, including, but not limited to, preliminary surveys
and analyses of market needs, preliminary site engineering and
architectural fees, site acquisition, application and mortgage
committment fees, and construction loan fees and discounts. The
Secretary shall require repayment of loans made under this sub-section,
under such terms and conditions as he may require, upon
completion of the project or sooner, and may cancel any part or
all of a loan as he may determine cannot be recovered from the
Chapter 293 1059
proceeds of any permanent loan made to finance the rehabilita-tion
or construction of the housing.
(2) The Secretary shall determine prior to the making of
any loan that the nonprofit organization meets such requirements
and respect to financial responsibility and stability as he may
prescribe.
§ 4067. Establishment of a housing development fund
There is hereby authorized to be appropriated from the
Capital Investment Fund for the purposes of this subsection
$5,000,000.00. All funds appropriated shall be deposited in a
fund which shall be known as the "Housing Development Fund,"
which shall be administered by the Secretary, except as permitted
by Section 4066 of this sub-chapter, as a revolving fund for car-rying
out the purposes of this subchapter. Sums received in
repayment of loans made under this subsection shall be deposited
in such fund.
Section 5. All rights, privileges and immunities vested or
accrued by and under any laws enacted prior to the adoption or
amendments of this Act, all suits pending, all rights of action
conferred, and all duties, restrictions, liabilities and penalties
imposed or required by and under laws enacted prior to the adop-tion
or amendment of this Act, shall not be impaired, diminished
or affected by this Act.
Section 6. The purpose of this act is to make available to
all the citizens of this State decent and adequate housing without
regard to the age, race, creed, color or national origin of any
person.
The Department, The State Housing Authority, or any re-cipient
of assistance under this Chapter, in determining the loca-tion
or types of housing, accommodations, facilities, services,
financial aid, or other benefits which will be provided, may not,
directly or through contractual or other arrangements, utilize
criteria or methods of administration which have the effect of
subjecting persons to discrimination because of their age, race,
color, or national origin, or have the effect of defeating or sub-stantially
impairing accomplishment of the objectives of the
program or activity as respect persons of a particular age, race,
color or national origin.
1060 Chapter 293
The Secretary shall include in all contracts other than bonds
entered into pursuant to the provisions of this Chapter, the fol-lowing
provisions :
"During the performance of this contract, the contractor
agrees as follows:
The contractor will not discriminate against any em-ployee
or applicant for employment because of age, race, creed,
color, or national origin. The contractor will take affirmative
action to insure that applicants are employed and that employees
are treated during employment, without regard to their age,
race, creed, color, or national origin. Such action shall include,
but not be limited to the following : employment, upgrading, de-motion,
or transfer; recruitment or recruitment advertising;
layoff or termination ; rates of pay or other forms of compensa-tion,
and selection for training, including an apprenticeship.
The contractor agrees to post in conspicuous places, available to
employees and applicants for employment, notices to be provided
by the Secretary setting forth the provisions of this non-dis-crimination
clause.
The contractor will, in all solicitations or advertise-ments
for employees placed by or on behalf of the contractor,
state that all qualified applicants will receive consideration for
employment without regard to age, race, creed, color or national
origin.
In the event of the contractor's noncompliance with the
nondiscrimination clauses of this contract, this contract may be
cancelled, terminated or suspended in whole or in part by the
Secretary.
Section 7. The sum of $100,000 is appropriated to the De-partment
of Housing established herein for the fiscal year ending
June 30, 1968, for the operation of the Department.
Section 8. This Act is a supplementary appropriation and
the money appropriated shall be paid by the State Treasurer
out of funds in the General Fund of the State of Delaware not
otherwise appropriated.
Section 9. The members of the State Board of Housing
serving at the time this act becomes law shall continue to serve
Chapter 293 1061
out the term for which they were originally appointed as addi-tional
members pro tempore of the State Bureau of Housing.
Section 10. If any provision of this act or of any rule,
regulation or order thereunder or the application of such provi-sion
to any person or circumstance shall be held invalid, the re-mainder
of this act and the application of such provision of this
act or of such rule, regulation or order to persons or circum-stances
other than those to which it is held invalid shall not be
affected thereby.
Section 11. Any money appropriated herein and unex-pended
shall not revert to the General Fund of the State of Dela-ware
until June 30, 1969.
Section 12. The first definition covering "Area of Opera-tion"
in Section 4501 of Title 31, Delaware Code, is hereby re-pealed,
and the following definition is substituted therefor :
"Area of operation" means in the case of a municipality,
the area within such municipality and in the case of a county,
the area within the county except that the area of operation in
such case shall not include any area which lies within the terri-torial
boundaries of a municipality unless a resolution shall
have been adopted by the governing body of such municipality
declaring a need therefor ; and in the case of a regional authority,
shall mean the area within the communities for which such
regional authority is created ; provided, however, that a regional
authority shall not undertake a redevelopment project within
the territorial boundaries of any municipality or county unless
a resolution shall have been adopted by the governing body of
such municipality or county declaring that there is a need for
the regional authority to undertake such redevelopment project
within such municipality. No authority shall operate in any
area of operation in which another Authority already established
is undertaking or carrying out a redevelopment project without
the consent, by resolution, of such other Authority.
Section 13. Notwithstanding any other provision of this
bill or of any other prior statute, no "Authority" or "Housing
Authority" shall be created or operated within the boundaries of
any municipality or county without the express prior approval
of the governing body of the municipality or county involved.
Approved June 3, 1968.
1
1062
CHAPTER 294
AN ACT TO AMEND § 1351, TITLE 30, DELAWARE CODE,
RELATING TO ESTATES CONSISTING ONLY OF
JOINTLY OWNED PROPERTY.
Be it enacted by the General Assembly of the State of Dela-ware:
Section 1. § 1351 (a) , title 30, Delaware Code, is amended
by adding the following words on the second line after the word
"except" and before the word "real" as follows :
ft. . . , property qualifying for distribution without grant
of letters pursuant to section 2305 of title 12, and except . . ."
Approved June 11, 1968.
CHAPTER 295
AN ACT TO AMEND § 2305(3), TITLE 12, DELAWARE CODE,
RELATING TO DISTRIBUTION OF DECEDENT'S
PROPERTY WITHOUT GRANT OF LETTERS WHERE
ESTATE ASSETS DO NOT EXCEED $1,500.
Be it enacted by the General Assembly of the State of Dela-ware:
Section 1. § 2305 (3), title 12, Delaware Code, is amended
by adding the following words on the second line after the word
"property" and before the word "does" as follows :
ft. . . and not including jointly owned property,"
Approved June 11, 1968.
1063
\ 1064
CHAPTER 296
AN ACT TO AMEND TITLE 13, DELAWARE CODE, EN-TITLED
"DOMESTIC RELATIONS" IN REGARD TO
DIVORCE, REDUCING THE SEPARATION TIME FOR
DESERTION AND VOLUNTARY SEPARATION. AND
ADDING INCOMPATIBILITY AS A GROUND.
Be it enacted by the General Assembly of the State of Dela-ware:
Section 1. Section 1522, Title 13, paragraph (5), Dela-ware
Code, is amended by striking "two years" and inserting in
lieu thereof "one year."
Section 2. Section 1522, Title 13, paragraph (11), Dela-ware
Code, is further amended by striking "three consecutive
years" from the second line and inserting in lieu thereof "eigh-teen
consecutive months".
Section 3. Section 1522, Title 13, Delaware Code, is
further amended by adding the following new paragraph at
the end thereof:
(12) When husband and wife are incompatible in that their
marriage is characterized by rift or discord produced by recip-rocal
conflict of personalities existing for two consecutive years
prior to the filing of the divorce action, and which has destroyed
their relationship as husband wife and the reasonable possibility
of reconciliation.
Approved June 11, 1968.
1065
CHAPTER 297
AN ACT TO AMEND CHAPTERS 17, 43 AND 64, TITLE 9,
DELAWARE CODE, PERTAINING TO PENSION BENE-FITS
FOR FORMER JUSTICES OF THE PEACE AND
FORMER CONSTABLES.
Be it enacted by the General Assembly of the State of Dela-ware:
Section 1. Section 1701, Title 9, Delaware Code, is amend-ed
by adding a new paragraph at the end thereof to read as
follows :
If any employee of New Castle County shall have spent
time as a Justice of the Peace or Constable prior to March 31,
1965, such time shall be deemed time spent in covered employ-ment
for the purpose of determining his right to a pension and
his benefits thereunder, anything to the contrary in this Chapter
otherwise notwithstanding.
Section 2. Section 4302, Title 9, Delaware Code, is amend-ed
by adding a new paragraph at the end thereof to read as
follows:
If any employee of Kent County shall have spent time as a
Justice of the Peace or Constable prior to March 31, 1965, such
time shall be deemed time spent in covered employment for the
purpose of determining his right to a pension and his benefits
thereunder, anything to the contrary in this Chapter otherwise
notwithstanding.
Section 3. Section 6402, Title 9, Delaware Code, is amend-ed
by adding a new paragraph at the end thereof to read as fol-lows:
If any employee of Sussex County shall have spent time as a
Justice of the Peace or Constable prior to March 31, 1965, such
time shall be deemed time spent in covered employment for the
purpose of determining his right to a pension and his benefits
thereunder, anything to the contrary in this Chapter otherwise
notwithstanding.
Approved June 11, 1968.
1066
CHAPTER 298
AN ACT AUTHORIZING THE GOVERNOR AND THE SEC-RETARY
OF STATE TO CONVEY TO THE COMMIS-SIONERS
OF BETHANY BEACH CERTAIN LANDS
AND INTERESTS IN LAND BELONGING TO THE
STATE OF DELAWARE.
WHEREAS, a great amount of pollution exists in south-eastern
Sussex County, particularly in and around Bethany
Beach, which is caused by the general use of septic tanks and
cesspools for disposal of human and commercial waste; and
WHEREAS, this area is in great need of central sewage
facilities to alleviate the existing pollution problem ; and
WHEREAS, the existing pollution problem creates an acute
emergency in the area of southeastern Sussex County, particu-larly
in and around Bethany Beach; and
WHEREAS, The Commissioners of Bethany Beach, a mu-nicipal
corporation of the State of Delaware, has determined
that it is necessary to construct and install a sewage system
including a sewage disposal plant for the citizens residing within
the corporate limits of the Town of Bethany Beach and under
such terms and conditions as may be in the best interest of the
Town of Bethany Beach for those persons, firms or corporations
whose property lies outside the corporate limits of the Town of
Bethany Beach to alleviate the existing pollution problem; and
WHEREAS, the State of Delaware is the owner of a large
tract of land adjoining the corporate limits of the Town of Beth-any
Beach which is used by the National Guard of the State of
Delaware; and
WHEREAS, it is in the best interest of the State of Dela-ware
that adequate sewage facilities, including a sewage dis-posal
plant and necessary pipelines, be available for the National
Guard camp area as well as for the citizens of the Town of
Bethany Beach; and
WHEREAS, part of the tract of land now owned by the
State of Delaware is not used by the National Guard of the
State of Delaware.
Chapter 298 1067
Now, therefore, Be it enacted by the General Assembly of
the State of Delaware, (two-thirds of all Members elected to
each House thereof concurring therein):
Section 1. The Governor and the Secretary of State of
the State of Delaware are hereby authorized, empowered and
directed to execute and deliver, in the name of and under the
Great Seal of the State of Delaware, a deed conveying to The
Commissioners of Bethany Beach, a municipal corporation of
the State of Delaware, its successors and assigns, the following
described tract of land for use as part of its public sewage sys-tem,
together with the right of ingress and egress over lands
of the State of Delaware and used by the National Guard of the
State of Delaware, said route to be designated by representatives
of the National Guard of the State of Delaware, said tract of
land to revert to the State of Delaware if, for any period of one
year after the public sewage system is constructed and installed,
the land ceases to be used as part of the public sewage system
of The Commissioners of Bethany Beach ;
ALL that certain tract, piece and parcel of land, situate,
lying and being in Baltimore Hundred, Sussex County, Dela-ware,
and being more particularly described as follows : Begin-ning
at a point, said point being located the following two courses
and distance from a concrete monument located in the western
right of way of Delaware Route 14 and marking a corner of the
lands of the State of Delaware used by the Delaware National
Guard ; South 8° 16' 40" East a distance of Four Hundred Twen-ty-
seven and Seventy-eight one hundredths (427.78) feet and
South 78° 44' 17" East a distance of One Thousand Six Hundred
Three and Forty-one one hundredths (1,603.41) feet; thence
from said beginning point South 4° 56' 14" East a distance of
Two Hundred Twenty and Twelve one hundredths (220.12)
feet; thence from said beginning point South 40° 03' 46" East
One Thousand Thirty-five and Forty-three one hundredths
(1,035.43) feet to a point in the northern edge of Bethany Beach
Canal ; thence North 73° 53' 35" West a distance of Three Hun-dred
Sixty (360) feet to a concrete monument ; thence North
750 53' 35" West a distance of Thirty-eight (38) feet to a con-crete
monument; thence North 25° 59' 25" East a distance of
One Hundred Sixty-six (166) feet to a concrete monument;
thence North 25° 06' 25" East a distance of One Thousand Fifty-
1068 Chapter 298
one and Twenty-five one hundredths (1,051.25) feet to a con-crete
monument; thence North 17° 06' 25" East a distance of
Nine Hundred and Ninety-five one hundredths (900.95) feet to
a concrete monument; thence South 79° 34' 40" East, a distance
of One Hundred Sixty (160) feet, thence South 4° 56' 14"
West One Thousand Fifty-four and Sixty-two one hundredths
(1,054.62) feet, home to the place of beginning, containing 22.21
acres of /and more or less.
Section 2. (a) The Commissioners of the Town of Beth-any
Beach may adopt rules governing the admission or exclusion
of persons from entry on to land used for sewer treatment pur-poses
as described in Section 1 above.
(b) Any conveyance of the land described in Section 1 of
this Act shall be subject to the condition that the National Guard
of the State of Delaware shall have the right to prohibit entry
through land owned by the State of Delaware to the land de-scribed
in Section 1 of this Act in the event of a national emer-gency
as declared by the President of the United States; PRO-VIDED,
HOWEVER, that in the event entry is prohibited, the
sewer system shall be operated by personnel of the Town of
Bethany Beach given clearance by the National Guard of the
State of Delaware.
Section 3. The Governor and the Secretary of State of
the State of Delaware are hereby authorized, empowered and
directed to execute and deliver, in the name of and under the
Great Seal of the State of Delaware, a deed of easement con-veying
to The Commissioners of Bethany Beach, a municipal
corporation of the State of Delaware, its successors and assigns,
three (3) easements and rights of way, hereinafter described,
including the right of The Commissioners of Bethany Beach, its
agents, servants, employees or independent contractors of The
Commissioners of Bethany Beach to enter upon said land over
routes designated by the National Guard of the State of Dela-ware
for the purpose of constructing, maintaining and repairing
underground pipelines and/or mains for the purpose of conveying
sewage across, through and under the lands of the State of
Delaware, together with the right to excavate and refill ditches
and/or trenches for the location of said pipeline and/or mains,
and the further right to remove trees, bushes, undergrowth and
other obstructions interfering with the location, construction and
Chapter 298 1069
maintenance of said pipelines and/or mains, said easements to
continue so long as The Commissioners of Bethany Beach, its suc-cessors
and assigns use the said easements as part of its public
sewer system, said easements and right of way hereinafter de-scribed,
to revert to the State of Delaware if the land hereinafter
described ceases to be used as part of public sewage system of The
Commissioners of Bethany Beach for any period of one year
after construction and installation of the public sewage system
is completed :
EASEMENT No. 1
ALL that certain tract, piece and parcel of land, situate,
lying and being in Baltimore Hundred, Sussex County, Delaware,
being more particularly described as follows : Beginning at a
point, said point being located South 80 16' 40" East a distance
of Four Hundred Twenty-seven and Seventy-eight one hun-dredths
(427.78) feet from a concrete monument located on the
western right of way of Delaware Route 14 and marking a
corner of the lands of the State of Delaware used by the Dela-ware
National Guard ; thence from said beginning point South
78° 44' 17" West a distance of One Thousand Six Hundred Three
and Forty-one one hundredths (1,603.41) feet to a point ; thence
South 40 56' 14" East a distance of Twenty and twelve one
hundredths (20.12) feet to a point; thence North 78° 44' 17"
East a distance of One Thousand Six Hundred Four and Fifty-eight
one hundredths (1,604.58) feet to a point located on the
western right of way line of Delaware Route 14; thence North
8° 16' 40" West a distance of Twenty and Three one hundredths
(20.3) feet, home to the place of beginning, containing .74 acres
of land more or less.
EASTMENT No. 2
ALL that certain tract, piece and parcel of land located in
Baltimore Hundred, Sussex County, Delaware, and being more
particularly described as follows : Beginning at a point, said
point being located the following 3 courses and distances from a
concrete monument located in the western right of way of Dela-ware
Route 14 and marking a corner of the lands of the State
of Delaware used by the Delaware National Guard ; thence from
said concrete monument South 8° 16' 40" East a distance of Four
Hundred Twenty-seven and Seventy-eight one hundredths
1070 Chapter 298
(427.78) feet; thence South 78° 44' 17" East a distance of One
Thousand Six Hundred Three and Forty-one one hundredths
(1,603.41) feet; thence South 4° 56' 14" East a distance of Two
Hundred Twenty and Twelve one hundredths (220.12) feet to
the place of beginning; thence from said point of beginning
South 4° 56' 14" East a distance of One Thousand Seventy-one
and Forty-five one hundredths (1,071.45) feet to a point; thence
South 80° 06' 25" West a distance of Twenty and eight one hun-dredths
(20.08) feet to a point; thence North 4° 46' 14" West a
distance of One Thousand Fifty-three and Nineteen one hun-dredths
(1,053.19) feet to a point; thence North 40° 03' 46"
East a distance of Twenty-eight and twenty-eight one hun-dredths
(28.28) feet to the place of beginning containing .49
acres of land more or less.
EASEMENT No. 3
ALL that certain tract, piece and parcel of land situate, lying
and being in Baltimore Hundred, Sussex County, Delaware and
being more particularly described as follows Beginning at a
concrete monument located in the western right of way of Dela-ware
Route 14 at its intersection with the northwest corner of
5th Street as shown on a plot of the Town of Bethany Beach ;
thence from said beginning point along and with the northerly
right of way of 5th Street South 80° 06' 25" West a distance of
One Thousand Four Hundred Eleven and Eighty-four one hun-dredths
(1,411.84) feet to a concrete monument said concrete
monument located in the easterly edge of the Bethany Beach
Canal ; thence by and with the easterly edge of the Bethany
Beach Canal North 52° 53' 35" West a distance of Twenty-seven
and Thirty-five one hundredths (27.35) feet to a point, thence
North 80° 06' 25" East a distance of One Thousand Four Hun-dred
thirty-seven and seventy-four one hundredths (1,437.74)
feet to a point; thence South 10° 02' 32" West a distance of
Twenty-one and twenty-seven one hundredths (21.27) feet home
to the place of beginning containing .65 of an acre more or less.
Section 4. Any conveyance of any easement described in
Section 3 of this Act shall be subject to the following conditions :
a. Any easement and right of way described in Section 3
above and any equipment located or situated herein may be relo-cated
if it is determined by the Adjutant General of the National
Chapter 208 1071
Guard of the State of Delaware that any easement and right of
way described above and any equipment located or situate
therein causes substantial interference with use of the other
land of the State of Delaware used by the National Guard of
the State of De/aware; PROVIDED, HOWEVER, that any relo-cation
shall be done at the expense of The Commissioners of
Bethany Beach; and PROVIDED FURTHER, that the reloca-tion
of any easement and right of way and the equipment situate
therein does not interfere with planned or constructed sewage
facilities; and
The present property currently being used by the State
of Delaware shall be accorded free sewage treatment for the
National Guard of the State of Delaware so long as the land is
held by the State of Delaware for non-income producing pur-poses;
and
The Commissioners of Bethany Beach shall pay to the
State of Delaware an annual fee of One Dollar ($1.00) for each
and every year that the facilities are in use, the first such annual
payment to be made on or before February 1 of the first year
following the date of approval of this Act by the Governor of
the State of Delaware and continuing on a like day each year
thereafter.
Section 5. Any conveyance of the land described in Sec-tion
1 hereof or of any easement described in Section 3 hereof
shall be subject to the right of those persons, firms and corpora-tions,
including the State of Delaware, whose property lies out-side
the corporate limits of the Town of Bethany Beach to con-nect
to the sewer systems upon payment of all costs of construc-tion
and installation to the sewer facilities by such connecting
person, firm, or corporation, including the State of Delaware;
PROVIDED, HOWEVER, that any such connection shall be ac-complished
pursuant to plans and specifications approved by the
Commissioners of Bethany Beach; and PROVIDED FURTHER,
that any such person, firm or corporation, including the State
of Delaware, agrees to accept and abide by the provisions of any
ordinance adopted by the Commissioners of Bethany Beach re-lating
to the use of the public sanitary sewer, including the sew-age
treatment facilities, and the payment of fees for the use of
the sewage treatment facilities; PROVIDED, HOWEVER, said
1072 Chapter 298
charges or fees are set out in a validly enacted ordinance of the
Commissioners of Bethany Beach, and said charges are uniform,
both within and without the municipal boundaries of Bethany
Beach, and without regard to whether such user is an individual,
firm or corporation, including the State of Delaware, excepting
however, the National Guard of the State of Delaware, as re-quired
by the terms of Section 4, Subsection 6, thereof.
Be it further enacted that all fees for both residents and
non-resident participants of the said sewage system and facilities
thereof be based and charged on a cost study conducted by a rec-ognized
professional engineer of the State of Delaware.
Approved June 11, 1968.
CHAPTER 299
AN ACT TO AMEND SECTION 1504, CHAPTER 15, TITLE
14, DELAWARE CODE, RELATING TO AUTHORITY
TO ORDER DISBURSEMENTS OF APPROPRIATIONS
AND OTHER REVENUES OF SCHOOL DISTRICTS.
Be it enacted by the General Assembly of the State of Dela-ware:
Section 1. Section 1504, Chapter 15, Title 14, Delaware
Code, is amended by deleting the period at the end of the sec-tion,
by substituting in lieu thereof a comma, and by adding the
following after the comma :
provided, however, that the State Board of Education may
delegate this authority to order payments to the Boards of School
Trustees of the school districts and to the Boards of Education of
the special school districts, and of the City of Wilmington.
Approved June 11, 1968.
1073
1074
CHAPTER 300
AN ACT TO AMEND CHAPTER 11, TITLE 13, DELAWARE
CODE, RELATING TO TERMINATION OF PARENTAL
RIGHTS SO AS TO PROVIDE FOR AN INTERLOCU-TORY
DEGREE IN CERTAIN CASES.
Be it enacted by the General Assembly of the State of Dela-ware:
Section 1. § 1108, title 13, Delaware Code, is amended by
adding to that section an additional subsection to be designated
"(c)" and to read as follows:
(c) In the case of the termination of the parental rights
of one parent only, for the purposes of adoption by a stepparent,
upon the finding described in paragraph (a) above, the court
may, in its discretionç in lieu of a final order enter an interlocu-tory
order which the court shall make final at the completion
of adoption proceedings, provided that any such interlocutory
order which does not become final within eighteen calendar
months of the issuance thereof shall, upon the expiration of such
eighteen calendar month period, become null and void.
Approved June 14. 1968.
CHAPTER 301
AN ACT TO AMEND CHAPTER 11, TITLE 13, DELAWARE
CODE, RELATING TO TERMINATION AND TRANS-FER
OF PARENTAL RIGHTS IN CONNECTION WITH
PROCEEDINGS FOR ADOPTION OR PLACEMENT FOR
ADOPTION.
Be it enacted by the General Assembly of the State of Dela-ware:
Section 1. That the caption of Chapter 11, Title 13, Dela-ware
Code, be amended to read :
CHAPTER 11
TERMINATION AND TRANSFER OF PARENTAL RIGHTS
IN CONNECTION WITH PROCEEDINGS FOR ADOP-TION
OR PLACEMENT FOR ADOPTION OR FOR THE
PURPOSE OF PROVIDING OTHER SUITABLE CARE
IF ADOPTION CANNOT BE EFFECTED.
Section 2. § 1103, Title 13, Delaware Code, is amended by
repealing and striking out the introductory phrase thereof which
reads as follows :
The procedure for termination of parental rights for the
purpose of adoption may be initiated whenever it appears that
and enacting and substituting in lieu thereof the following:
The procedure for termination of parental rights for the
purpose of adoption or, if a suitable adoption plan cannot be
effected, for the purpose of providing for the care of the child
by some other plan which may or may not contemplate the con-tinued
possibility of eventual adoption, may be initiated when-ever
it appears that
Approved June 14, 1968.
1075
1076
CHAPTER 302
AN ACT TO AMEND TITLE 21, SECTION 4169, DELAWARE
CODE, RELATING TO THE EFFECT OF PRIOR RESO-LUTIONS
SETTING SPEED LIMITS.
Be it enacted by the General Assembly of the State of Dela-ware:
Section 1. Section 4169, Title 21, Delaware Code, is
amended by adding after subsection (b) a new subsection (bb)
as follows :
(bb) All surveys made and resolutions passed by the State
Highway Department concerning speed limits before May 5,
1964 shall have the same force and effect as though made and
passed after that date and the limits set shall continue to be the
proper limits on speed on the highways so designated. Such
surveys and resolutions shall continue to be effective until such
time as the State Highway Department declares otherwise by
subsequent resolution.
Approved June 14, 1968.
CHAPTER 303
AN ACT MAKING A SUPPLEMENTARY APPROPRIATION
TO THE STATE DEPARTMENT OF PUBLIC WELFARE
FOR THE PURPOSE OF COMPENSATING LEWIS DON-ALD
McKNATT, FUNERAL DIRECTOR, FOR THE
BURIAL OF CERTAIN INDIGENT INDIVIDUALS.
Be it enacted by the General Assembly of the State of Dela-ware:
Section 1. The sum of $300 is hereby appropriated to the
State Department of Public Welfare for the purpose of compen-sating
Lewis Donald McKnatt, funeral director, Harrington,
Delaware, for services performed in connection with the burial
of certain indigents, Richard Darnell Pritchett, Daniel Pritchett,
Jr., and Duane Anthony Pritchett; said Lewis Donald McKnatt
not having been compensated therefor by the State Department
of Public Welfare or by any other source.
Section 2. This Act shall be known as a supplementary
appropriation act and the funds hereby appropriated shall be
paid out of the General Fund of the State Treasury from funds
not otherwise appropriated, with the understanding and to the
extent that Lewis Donald McKnatt has not received compensa-tion
for his services from any other source.
Approved June 14, 1968.
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CHAPTER 304
AN ACT TO AMEND SECTION 8323 (c), TITLE 11, DELA-WARE
CODE, BY MAKING RETIRED MEMBERS OF
THE DELAWARE STATE POLICE ELIGIBLE TO BE
EMPLOYED AS STATE DETECTIVES UNDER THE
ATTORNEY GENERAL WHILE STILL RECEIVING
STATE PENSION.
Be it enacted by the General Assembly of the State of Dela-ware:
Section 1. Section 8323 (c), Title 11, Delaware Code, is
hereby amended by striking the period (.) as it appears in the
last line of said subsection after the word "year" and inserting
the following words after said word "year":
or (4) appointment and employment as a State Detective
by the Attorney General.
Approved June 14, 1968.
of careless driving.
driving.
fined not less than $25.00 nor more than $200.00 or imprisoned
committed within 24 months after the commission of the prior
imprisoned not less than 10 days nor more than 30 days or both.
not less than 15 days nor more than 60 days or both. A subse-quent
violation before being punishable as such shall have been
offense.
§ 4601. Careless or inattentive driving
in a careless or imprudent manner or without due regard for
and who fails to give full time and attention to the operation of
while operating the motor vehicle shall be guilty of inattentive
shall be fined not less than $10.00 nor more than $100.00 or be
For each subsequent violation of this Section a person shall be
the motor vehicle, or whoever fails to maintain a proper lookout
road, weather, and traffic conditions then existing shall be guilty
Approved June 14, 1968,
Whoever operates a motor vehicle on a public highway
Whoever violates any of the provisions of Section 4601
(a) Whoever operates a motor vehicle on a public highway
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CHAPTER 305
AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE,
BY ADDING CHAPTER 46 RELATING TO CARELESS
DRIVING.
Be it enacted by the General Assembly of the State of Dela-ware:
Section 1. Title 21, of the Delaware Code, is amended by
adding thereto a Chapter 46 as follows:
CHAPTER 46
CARELESS DRIVING, INATTENTION TO DRIVING, PEN-ALTY.
1080
CHAPTER 306
AN ACT TO PROVIDE SUMMER EMPLOYMENT FOR CER-TAIN
YOUTHS OF THIS STATE AND TO MAKE A
SUPPLEMENTARY APPROPRIATION THEREFOR.
Be it enacted by the General Assembly of the State of Dela-ware:
Section 1. The sum of $350,000 is appropriated to the
Governor for the fiscal year ending June 30, 1968, for the pur-poses
set forth herein.
Section 2. This Act is a supplementary appropriation and
the money appropriated shall be paid by the State Treasurer
out of funds in the General Fund of the State of Delaware not
otherwise appropriated.
Section 3. Any money appropriated herein and unex-pended
shall not revert to the General Fund of the State of
Delaware until October 30, 1968.
Section 4. The sums appropriated herein shall be ex-pended
for the purpose of providing summer employment for
disadvantaged youths of this state during the summer of 1968.
Section 5. Eligibility for the employment authorized by
this act shall be limited to a person;
(a) who is over 14 and under 21 years of age or is over 21
years of age but is a college or university student and
is a member of a household which is receiving pub-lic
assistance from this state; or
is a member of a household, the head of which
is receiving unemployment compensation benefits from the state
or has exhausted his benefits and has not returned to work; or
is a member of a household whose gross family
income for 1967 was less than $4,000 plus $600 for each member
of the household over 2 members.
Chapter 306 1081
(b) who is not employed in any other job which receives
governmental funds or aid.
Section 6. The provisions of section 5 shall not apply to
persons hired as staff who possess special training or skills if
persons meeting the requirement of section 5 with the special
training or skills required are not readily available.
Section 7. In special circumstances the State Director of
the Office of Economic Opportunity, with the approval of the
Governor, may waive the requirements of section 5, provided he
states in writing the reasons for the waiver. Priority shall in
all cases, however, be given to those persons who meet the re-quirements
of section 5.
Section 8. Moneys earned by persons employed under pro-grams
provided for herein shall not be considered as income by
the Department of Welfare in considering eligibility for assist-ance
under any of its programs.
Section 9. The moneys appropriated herein may be used
by the Governor, in his discretion, as matching funds for any
grants or aid provided by the government of the United States
or any of its agencies.
Section 10. At least $50,000 of the $350,000 appropriated
by this act shall be used to supply employment to youths who
reside in the City of Wilmington.
Section 11. The Governor may delegate to other persons
the responsibility of administering the program authorized
herein.
Approved June 14, 1968.
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CHAPTER 307
AN ACT TO AMEND CHAPTER 365, VOLUME 55, LAWS OF
DELAWARE, AS AMENDED, RELATING TO AN AP-PROPRITION
TO THE STATE HIGHWAY DEPART-MENT
FOR THE PURPOSE OF CONSTRUCTING A
SIDEWALK FROM MILLSBORO SCHOOL No. 23 TO
MILLSBORO SCHOOL No. 204.
Be it enacted by the General Assembly of the State of Dela-ware:
Section 1. Section 2, Chapter 365, Volume 55, Laws of
Delaware, as amended, is further amended to read:
Section 2. The funds appropriated shall be used only for
the purpose specified and any funds hereby appropriated that
remain unexpended on June 30, 1970, shall revert to the Gen-eral
Fund of the State.
Approved June 14, 1968.
CHAPTER 308
AN ACT TO AMEND CHAPTER 10, VOLUME 56, LAWS OF
DELAWARE, ENTITLED, "AN ACT TRANSFERRING
$600,000 FROM THE CAPITAL INVESTMENT FUND
TO BE USED FOR PARK DEVELOPMENT," BY EX-TENDING
THE REVERSION DATE THEREOF AND
PROVIDING FOR THE USE OF FEDERAL FUNDS.
Be it enacted by the General Assembly of the State of Dela-ware:
Section 1. Section 2, Chapter 10, Volume 56, Laws of
Delaware, is amended to read:
Any monies, including federal funds which have been ap-propriated
or received as reimbursements may be used for the
development of these projects, and such monies that remain
unexpended upon completion of the projects or on June 30, 1969,
whichever first occurs, shall revert to the Capital Investment
Fund.
Approved June 14, 1968,
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1084
CHAPTER 309
AN ACT TO AMEND VOLUME 56, CHAPTER 131, LAWS
OF DELAWARE, ENTITLED "AN ACT TO AMEND SEC-TION
1306 AND SECTION 1321, TITLE 14, DELAWARE
CODE, RELATING TO STATE SUPPORTED SALARY
SCHEDULES FOR SCHOOL EMPLOYEES BY PROVID-ING
A FORMULA FOR ADDITIONAL STAFFING IN
THE SCHOOL DISTRICTS AND BY MAKING A SUP-PLEMENTARY
APPROPRIATION TO THE STATE
BOARD OF EDUCATION THEREFOR", RELATING TO
THE FORMULA FOR STAFFING IN THE SCHOOL DIS-TRICTS.
Be it enacted by the General Assembly of the State of Dela-ware:
Section 1. Volume 56, Chapter 131, Laws of Delaware, is
amended by adding the following new subsections to Section 2
thereof:
In school districts which contract with the Federal
Government to operate schools, the units of pupils in such schools
shall be counted for entitlement of that school district under
this Act.
Whenever units in addition to State units are counted
for entitlement under subsection (h) , the salaries for such
additional personnel shall be paid from State and Federal funds
on a pro-rated basis.
Section 2. This Act shall become effective February 1,
1968.
Approved June 14, 1968.
CHAPTER 310
AN ACT TO AMEND CHAPTER 17, TITLE 14, DELAWARE
CODE, RELATING TO METHOD OF CALCULATING
NUMBER OF UNITS IN A SCHOOL DISTRICT.
Be it enacted by the General Assembly of the State of Dela-ware:
Section 1. Chapter 17, Title 14, Delaware Code, is amend-ed
by striking out § 1704 and substituting in lieu thereof a new
§ 1704 to read as follows :
§ 1704. Number of units in a school district; method of calcu-lation
The number of units in each school district shall be calcu-lated
by the State Board of Education each year in the following
manner :
As of the last day of September the number of units shall
be calculated based on the total enrollment of pupils in each
school district on that date.
Approved June 14, 1968.
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CHAPTER 311
AN ACT TO AMEND TITLE 4, DELAWARE CODE, TO
PERMIT THE ISSUANCE BY THE ALCOHOLIC BEV-ERAGE
CONTROL COMMISSION OF A LICENSE FOR
THE SALE OF ALCOHOLIC BEVERAGES TO SHIPS
CHANDLERS.
Be it enacted by the General Assembly of the State of Dela-ware:
Section 1. § 516, Title 4, Delaware Code, is amended by
designating the present paragraph of said section as subsection
(a).
Section 2. § 516, Title 4, Delaware Code, is amended by
adding thereto a new subsection to read as follows
(b) Notwithstanding the provisions of subparagraph (a)
hereof, any person, firm or corporation duly licensed by the
Government of the United States as a Ships Chandler, may apply
for a license to purchase from or through the Commission, as
provided in § 702 of this title, and to keep, sell and deliver off
the premises, spirits, wine or beer. The Commission may issue
said license if it is satisfied that: (a) the applicant is a Ships
Chandler operating a customs bonded warehouse under a license
issued by the United States Government, and (b) sales by Ships
Chandler are limited to vessels of the United States or of a for-eign
country engaged in foreign trade pursuant to the provisions
of Title 19, United States Code, Section 1S09.
Section 3. § 655, Title 4, Delaware Code, is amended to
add thereto a new subsection as follows :
(ab) For license to alcoholic liquors as a Ships Chandler the
fee shall be $225.
Approved June 14, 1968.
1087
CHAPTER 312
AN ACT TO AMEND CHAPTER 41, TITLE 7, DELAWARE
CODE, RELATING TO DRAINAGE ORGANIZATIONS
BY ELIMINATING CERTAIN LIMITATIONS AND RE-QUIREMENTS.
Be it enacted by the General Assembly of the State of
Delaware:
Section 1. § 4104, Title 7 of the Delaware Code, is amended
by striking the words "No drainage organization shall be estab-lished
or reorganized under any law of this state, other than this
chapter. However," from sub-section (c) thereof.
Section 2. § 4110, Title 7 of the Delaware Code, is amended
by striking out sub-section (b) thereof in its entirety.
Section 3. § 4130, Title 7 of the Delaware Code, is amend-ed
by striking sub-section (4) thereof in its entirety.
Approved June 20, 1968.
1088
CHAPTER 313
AN ACT TO AMEND TITLE 21, SECTION 4124, DELAWARE
CODE RELATING TO DRIVING ON DIVIDED HIGH.
WAY.
Be it enacted by the General Assembly of the State of
Delaware:
Section 1. Title 21, Section 4124, Delaware Code, is amend-ed
by striking the word "roadways" where it appears in the
section and inserting in lieu thereof the word "roads" and by
striking the term "roadway" where it appears in the section
and substituting the word "road".
Approved June 20, 1968.
CHAPTER 314
AN ACT TO AMEND TITLE 21, SECTION 4177 (a), DELA-WARE
CODE, RELATIVE TO STOPPING, STANDING
OR PARKING.
Be it enacted by the General Assembly of the State of
Delaware:
Section 1. Title 21, Section 4177 (a) Delaware Code, is
amended by adding a comma after the word "highway" where
it appears in the fourth line of subsection (a) and striking the
remainder of subsection (a) and adding in lieu thereof the fol-lowing
language:
Except when necessary to avoid conflict with other traffic
or where it is necessary for public utility vehicles to temporarily
stop along the highway to make alterations in or repairs to
utility facilities so long as proper warning flags are posted or
where it is in compliance with the directions of a police officer
or traffic control device.
Approved June 20, 1968
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1090
CHAPTER 315
AN ACT TO AMEND TITLE 21, MAKING IT UNLAWFUL
TO ENGAGE IN ANY MOTOR VEHICLE SPEED CON-TEST
ON A PUBLIC HIGHWAY.
Be it enacted by the General Assembly of the State of
Delaware:
Section 1. Section 4172 of Chapter 41, Title 21 of the Del-aware
Code, is repealed and a new Section 4172 is inserted in
lieu thereof to read as follows :
§ 4172. Speed exhibitions; drag races; and other speed
contests
It shall be unlawful for any person to engage in any
motor vehicle race, speed exhibition, or in any speed contest
whatsoever, including those commonly known as drag races,
on any public road, street or highway in this state, or to aid, abet,
promote, or assist in any manner whatsoever any such race or
contest.
It shall be unlawful for any owner or any person in
charge of a motor vehicle to permit his vehicle or any vehicle
under his control to be used by another person in any motor ve-hicle
race, or contest for speed on any public road, street or high-way
in this state.
Whoever being an operator violates any of the pro-visions
of this section shall be fined for the first offense not less
than $25 nor more than $200 or imprisoned not less than 10 days
nor more than 30 days, or both. Upon receiving notice of such
conviction, the Commissioner shall forthwith suspend the opera-tor's
or chauffeur's license of the person convicted for a period
of not longer than 6 months. For each subsequent like offense,
he shall be fined not less than $50 nor more than $400 or im-prisoned
not less than 15 days nor more than 60 days or both.
Upon receiving a court record of conviction for a subsequent like
offense, the Commissioner shall suspend the operator's or chauf-feur's
license for a one year period.
Chapter 315 1091
(d) Whoever aids, abets, promotes, or assists in any
manner whatsoever any such race or contest shall be fined for
the first offense not less than $25 nor more than $200 or impris-oned
not less than 10 days nor more than 30 days, or both. For
each subsequent like offense he shall be fined not less than $50
nor more than $400 or imprisoned not less than 15 days nor more
than 60 clays or both.
Approved June 20, 1968.
1092
CHAPTER 316
AN ACT TO AMEND TITLE 20, DELAWARE CODE, SEC-TION
122 (C), BY CHANGING THE APPOINTMENT
OF THE ADJUTANT GENERAL OF THE DELAWARE
NATIONAL GUARD FROM A TERM OF NINE YEARS
TO SERVE AT THE PLEASURE OF THE GOVERNOR.
Be it enacted by the General Assembly of the State of
Delaware:
Section 1. Title 20, Delaware Code, Section 122 (C) is here-by
amended by deleting therefrom the following words: "for a
term of 9 years from the date of his appointment," and inserting
in lieu thereof the following words : "and shall hold office dur-ing
the pleasure of the Governor."
Section 2. This Amendment shall take effect as of May 2,
1968, or on the expiration or termination of the current term of
the present Adjutant General of the Delaware National Guard,
whichever occurs first.
Approved June 20, 1968.
CHAPTER 317
C- AN ACT TO AMEND CHAPTERS 9 AND 11, TITLE 10, AND
CHAPTER 3, TITLE 31, DELAWARE CODE, RELATING
TO THE DEFINITION OF DEPENDENT CHILDREN.
Be it enacted by the General Assembly of the State of
Delaware:
Section 1. § 901, Title 10, Delaware Code, is amended by
striking out all the definition of "dependent chi/d" therein, and
e- enacting and substituting in lieu thereof the following:
tg "Dependent child" means a child who is homeless or desti-r-
tute or without proper support or care through no fault of his
or her parent, guardian or custodian; or who lacks proper care
by reason of the mental or physical condition of the parent,
guardian or custodian; or who has been placed in a non-related
family home on a permanent basis without the consent and ap-proval
of the Department of Public Welfare or of any agency
licensed thereby to place children in non-related family homes;
or who has been placed with a licensed agency which certifies it
cannot complete a suitable adoption plan.
Section 2. § 1101, Title 10, Delaware Code, is amended by
striking out all of the definition of "dependent child" therein, and
enacting and substituting in lieu thereof the following:
"Dependent child" means a child who is homeless or desti-tute
or without proper support or care through no fault of his
or her parent, guardian or custodian ; or who lacks proper care
by reason of the mental or physical condition of the parent,
guardian or custodian; or who has been placed in a non-related
family home on a permanent basis without the consent and ap-proval
of the Department of Public Welfare or of any agency
licensed thereby to place children in non-related family homes;
or who has been placed with a licensed agency which certifies it
cannot complete a suitable adoption plan.
Section 3. § 301, Title 31, Delaware Code, is amended by
striking out all of the definition of "dependent child" therein
and enacting and substituting in lieu thereof the following :
1093
1094 Chapter 817
"Dependent child" means a child who is homeless or desti-tute
or without proper support or care through no fault of his
or her parent, guardian or custodian; or who lacks proper care
by reason of the mental or physical condition of the parent,
guardian or custodian ; or who has been placed in a non-related
family home on a permanent basis without the consent and ap-proval
of the Department of Public Welfare or of any agency
licensed thereby to place children in non-related family homes ;
or who has been placed with a licensed agency which certifies it
cannot complete a suitable adoption plan.
Section 4. § 301, Title 31, Delaware Code, be further
amended by striking out the phrase "under eighteen years of
age" from the definition of "neglected child", and by the addition,
before the definition of "dependent child" of the following defi-nition:
"Child" means a person who has not yet attained his eigh-teenth
birthday.
Approved June 21, 1968.
CHAPTER 318
AN ACT TO AMEND CHAPTER 1, TITLE 25, DELAWARE
CODE, RELATING TO DEEDS.
Be it enacted by the General Assembly of the State of
Delaware:
Section 1. Section 153, chapter 1, title 25, Delaware Code,
is hereby repealed and a new section 153 is substituted therefor
as follows:
§ 153. Priority of deed concerning lands or tenements
A deed concerning lands or tenements shall have priority
from the time that it is recorded in the proper office without
respect to the time that it was signed, sealed and delivered.
Approved June 21, 1968.
1095
1096
CHAPTER 319
AN ACT TO AMEND SECTION 913 AND REPEAL SECTION
1114, OF TITLE 7, DELAWARE CODE, RELATING TO
REGULATION OF FISHING WITH NETS IN DELA-WARE
TIDAL WATERS.
Be it enacted by the General Assembly of the State of
Delaware:
Section 1. Section 913, Title 7, Delaware Code, is amended
to read as follows :
§ 913. Fishing with nets; lawful hours; violation and penalty
No person shall catch or take or attempt to catch or take,
any food fish of any kind or description by means of a net or
use a net of any character in the tidal waters of this State
from Saturday at 12 o'clock midnight to Sunday at 12 o'clock
midnight next ensuing in each week except that food fish may
be lawfully taken from stake nets at any time from October
1 through May 31 of each successive year.
Whoever violates any of the provisions of this section shall
be fined $100 and shall forfeit all nets, boats and other appliances
used.
Section 2. Section 1114, Title 7, Delaware Code, is hereby
repealed in its entirety.
Approved June 21, 1968.
CHAPTER 320
AN ACT TO AMEND CHAPTER 39, TITLE 12, DELAWARE
CODE, IN RESPECT TO EXPENDITURES OF INCOME
AND PRINCIPAL OF A MINOR'S ESTATE.
Be it enacted by the General Assembly of the State of
Delaware:
Section 1. Section 3923, title 12, Delaware Code, is amended
by striking out the said section and substituting the following in
lieu thereof:
§ 3923. Expenditure of income and principal of a minor's estate
(a) Unless or until the Orphans' Court shall otherwise
direct, a guardian of the property of a minor shall not be re-quired
to secure approval of the Orphans' Court before expend-ing
income of the personal and real estate of a minor for any
one or more of the following purposes :
The maintenance and education of a minor (up to $1,200
per year)
The protection, maintenance, management and repair
of a minor's personal and real estate ;
The payment of any taxes, assessments or charges
which may be imposed by law or by governmental authority
acting pursuant to law upon a minor or upon the personal and
real estate of a minor.
(b) The Orphans' Court may, in its discretion, direct the
amount of income and principal of the personal estate and the
amount of income from real estate of a minor that a guardian of
the property of a minor may expend for any of the purposes set
forth in subparagraphs (1) through (3) of (a) above, and in
addition, for any of the following purposes :
The reasonable burial expenses of a deceased indigent
parent, spouse or child of a minor;
The improvement of any real estate of a minor ;
Such other purposes as the court may deem proper.
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1098 Chapter 320
Without prior order of the Orphans' Court, a guardian of
the property of a minor shall not expend principal of a minor's
estate for any purpose except as hereinafter provided ; nor shall
such guardian cut or dispose of any wood or timber growing
upon land of a minor. Notwithstanding the foregoing, a guardian
of the property of a minor may, without prior order of the court,
expend principal of the personal estate of a minor (unless or
until otherwise ordered by the court) for the payment of any
taxes, assessments or charges which may be imposed by law or
by governmental authority acting pursuant to law upon a minor
or upon the personal and real estate of a minor.
(c) Unless or until the Orphans' Court shall direct other-wise
in the order of appointment of a guardian of the property
of a minor, or any subsequent order, a guardian shall treat any
guardianship property received as follows :
(1) To the extent it shall consist of any property, tangible
or intangible, received as a corporate distribution, upon or with
respect to shares of stock held in guardianship, including shares
of the same class :
As income to the guardianship, to the extent that, in
the judgment of the guardian, such corporate distribution would
be regarded as income from an investment rather than a diminu-tion
of an income producing property, by men of prudence, dis-cretion,
and intelligence in the management of their own affairs ;
and in making this determination, the guardian may consider
whether such distribution would be likely, of itself to have the
effect of reducing materially the future earning capacity and
the future earnings of the corporation, whether such distribu-tion
would be likely of itself, to have the effect of reducing
materially the future income of the guardianship from the
shares of stock upon or with respect to which such distribution
shall be made (assuming that the guardian should continue to
hold such shares of stock for an indefinite period), and any
other circumstances and factors which the guardian may deem
relevant and significant.
As principal to the guardianship, to the extent that,
in the judgment of the guardian, such distribution is not de-termined
to be guardianship income under the provisions of sub-division
(A) above.
Chapter 320 1099
(2) to the extent it shall consist of any property, tangible
or intangible, received otherwise than as a corporate distribu-tion
upon or with respect to shares of stock held in guardianship,
as defined in (1) above :
(A) As income to the guardianship, to the extent that such
receipts would be treated as income by men of ordinary prudence,
discretion and judgment in the management of their own affairs,
provided that the following receipts shall' be uniformly deemed
to be income :
rent from real or personal property of the minor, in-cluding
sums received for cancellation or renewal of a lease;
interest on money lent, including sums received as con-sideration
for the privilege of repayment of principal ;
receipts from business, nursery and farming opera-tions,
to the extent of the net profits thereof, computed in ac-cordance
with generally accepted accounting practices for a com-parable
business or operation ; and
periodic payments of insurance annuities, pensions,
Social Security and Railroad Retirement Board, or like benefits,
whether received from public, private or governmental sources.
(B) As principal to the guardianship, to the extent that
such receipts would not be treated as income, as defined in (A)
above.
(3) For purposes of applying the provi

LAWS
OF THE
STATE OF DELAWARE
ONE HUNDRED AND TWENTY- FOURTH
GENERAL ASSEMBLY
FIRST SESSION COMMENCED AND HELD AT DOVER
On Tuesday, January 3, A. D.
1967
SECOND SESSION COMMENCED AND HELD AT DOVER
On Tuesday, February 6, A. D.
1968
PART II
VOLUME LVI
CHARLES PRINTING CO., WILMINGTON, DELAWARE